Agawam Trading Corp. v. Mayer Malbin Co.

Order, Supreme Court, New York County, entered on April 5, 1971, insofar as appealed from, is unanimously reversed, on the law, and the defendants’ motion for summary judgment is granted and the complaint dismissed, as to defendants-appellants. Appellants shall recover of respondents $50 costs and disbursements of this appeal. The record reveals that the property allegedly converted by defendants was legally obtained pursuant to a levy by the Sheriff made to enforce a judgment in favor of defendant Mayer Malbin Co., Inc., rendered by the Civil Court. The property having been legally obtained…