Burke v. Melli

A third party filed with the Sheriff of Nassau County an affidavit, contemplated by section 696 of the Civil Practice Act, claiming as her property the personal property which was levied upon as the property of the judgment debtors. Upon such affidavit, the judgment entered on March 25, 1952, the. execution dated March 31,1952, and the notice of the Sheriff, dated August 5, 1952, the judgment creditor has moved in the original action for an order adjudging that at the time of the levy, title to the personal property involved was in the judgment debtors, free of the alleged interest therein or…