Adinolfi v. Solimine

OPINION OF THE COURT

Memorandum.

Judgment unanimously affirmed without costs.

We affirm the judgment, although not for the reasons stated by the court below. It is uncontroverted upon this record that defendant seized plaintiffs vehicle on December 4, 1996 pursu*692ant to an execution, but that plaintiff did not receive any notice from the marshal’s office until approximately one month after the seizure. CPLR 5232 (b) provides that in the case of a levy upon personal property by direct seizure “[t]he sheriff or support collection unit shall forthwith serve a copy of the execution in the manner…