Bennett v. Irving Trust Co.

The trial court was justified on the evidence submitted in

finding in favor of plaintiff. The judgment should be modified, however, in respect to interest, which should run only from the date of the entry of judgment. Plaintiffs were not entitled to the proceeds of the attachment until judgment was entered (Civ. Prac. Act, § 969, subd. 1), and are not entitled to recover in this action in aid of the attachment more than they could collect from the Sheriff upon entry of the judgment (Friede v. National City Bank, 250 N. Y. 288; Korytkowski v. Greniewicki, 220 App. Div. 237). The Sheriff would…