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Beef & Bison Breeders, Inc. v. Capitol Refrigeration Co., Inc.

Supreme Court of New York
431 N.Y.S.2d 986 (1980)


Facts

On April 4, 1980, Capitol Refrigeration (Capitol) (plaintiff) entered a judgment against debtor Kwik Serv for $701. A property execution for the debt owed to Capitol was delivered to the county sheriff for service on Kwik Serv on April 16. On June 30, a judgment was entered for Patrick Cornell, the new owner of Kwik Serv’s former premises, against Kwik Serv for $4,469. On July 3, an execution was delivered to the county sheriff for the debt owed to Cornell. The sheriff’s office levied upon the property assets of Kwik Serv for Capitol’s execution on August 15 and scheduled a sheriff’s sale for August 25, but the sale was temporarily stayed. The sheriff’s office levied Kwik Serv’s bank accounts for Cornell’s execution on August 22. The bank accounts amounted to approximately $1,000. Cornell petitioned that the he should have first priority to the amount levied from the bank accounts, as the first creditor to levy on that property.

Rule of Law

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Issue

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Holding and Reasoning (Conway, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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