Vitale v. Hotel California, Inc.
New Jersey Superior Court
446 A.2d 880 (1982)
- Written by Samantha Arena, JD
Facts
David Vitale (plaintiff) was awarded a $6,317 judgment against Hotel California, Inc. (defendant), the owner of The Fast Lane, a seasonal bar open between 10 p.m. and 2 a.m. during the summer. The trial court issued a writ of execution on the judgment. Vitale delivered the writ to the county sheriff (defendant), along with instructions to levy all property at the bar while it was open. The sheriff refused to attempt a levy, arguing that the request to do so during the bar’s late hours was unreasonable. Vitale’s attorney, Jeffrey Israelow, insisted that the levy be made while the bar was open. The sheriff then attempted a levy, but was turned away by the bar’s bouncers. Citing fear of violence, the sheriff left without making any levy. Israelow made further requests for levies. After one other failed attempt, the sheriff returned in August and successfully seized $714. Israelow made additional requests for levies, insisting that the judgment be satisfied in full. The sheriff refused to make any further attempts, contending that only one levy was required per writ of execution. Vitale filed a motion seeking amercement against the sheriff.
Rule of Law
Issue
Holding and Reasoning (Staller, J.)
What to do next…
Here's why 804,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
