Powers-57th Street, Inc. v. Gallo

In an action to recover chattels, to wit, a piano and a piano bench, sold by plaintiff to defendant under a conditional bill of sale, in which plaintiff seeks to replevy the chattels pursuant to statute (Civ. Prae. Act., § 1094 et seq.), plaintiff appeals from an order of the Supreme Court, Westchester County, dated December 30, 1959, granting defendant’s motion to direct the Sheriff to accept a $250 undertaking filed by defendant with the Sheriff and to stay the Sheriff from proceeding with the replevy; the motion having been granted on condition: (1) that defendant serve upon the Sheriff…