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Sweeney v. Boyer

245 A.D. 722 Court N.Y. App. Div. English

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p. 722
John Sweeney, Respondent, v. John E. Boyer, Appellant, and Thomas J. Boland and John H. Berger, Defendants.

Motion granted to the extent of confirming the report of the official referee with respect to the allowances of $425 for •merchandise and $1,067.60 for furnishings and fixtures, and of increasing the allowance of $150 for good wifi to the sum of $300, making a total of $1,792.60, which amount is hereby fixed as the value of the personal property seized and sold by the sheriff of Rockland county under an execution on a judgment in favor of the plaintiff and against defendant Boyer, and reversed by this court. An order for restitution to the appellant, Boyer, by the plaintiff in said amount of $1,792.60 will be made under section 587 of the Civil Practice Act, with ten dollars costs to the appellant, and judgment will be entered thereon. Present — Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ. Settle order on notice.