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Benton Packaging, Inc. v. Allied Converters, Inc.

9 A.D.2d 936 Court N.Y. App. Div. Decision date 1959-12-29 English

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p. 936
Benton Packaging, Inc., Respondent, v. Allied Converters, Inc., et al., Defendants, and John Hoy, as Sheriff of the County of Westchester, Appellant.

In an action by a judgment creditor to recover damages for the alleged negligent failure to levy upon the assets of a judgment debtor (1st cause of action), and for other relief, the appeal is from an order denying appellant’s motion for summary judgment dismissing the first cause of action. Order affirmed, without costs. No opinion. Wenzel, Acting P. J., Beldoek, Hallinan and Kleinfeld, JJ., concur; Murphy, J., deceased.