Finkelstein v. Cohen

Motion by the Sheriff of the City of New York to fix his poundage and to direct the payment thereof. Pursuant to a warrant of attachment, the Sheriff duly levied upon two stock certificates having a value in excess of third-party plaintiff’s claim. Thereafter, the action was discontinued and a settlement made. The warrant of attachment was annulled when the action was discontinued (Civ. Prac. Act, § 7, subd. 4). The annulment was equivalent to a vacatur of the warrant (Matter of Dempsey v. Lynch Co., 175 Misc. 710, affd. 261 App. Div. 829). Accordingly, the Sheriff is entitled to poundage…