Doran v. Sheriff of Orange County

Appellate Division of the Supreme Court of New York

Doran v. Sheriff of Orange County

72 A.D.2d 553, 420 N.Y.S.2d 768, 1979 N.Y. App. Div. LEXIS 13621

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1979

StatusPublished

This text of 72 A.D.2d 553 (Doran v. Sheriff of Orange County) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doran v. Sheriff of Orange County, 72 A.D.2d 553, 420 N.Y.S.2d 768, 1979 N.Y. App. Div. LEXIS 13621 (N.Y. Ct. App. 1979).

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Opinion

In an action to recover damages for failure to timely file a notice of attachment, plaintiff appeals from a judgment of the Supreme Court, Orange County, dated November 14, 1978, which, after a trial on the issue of damages, awarded him the sum of $100, together with costs and disbursements. Judgment affirmed, with costs. In this same action we previously affirmed a finding that the defendant was liable to the plaintiff for his negligent failure to file a notice of attachment, but, a new trial was granted limited solely to the issue of damages (Doran v Sheriff of Orange County, 57 AD2d 605, mot for lv to app dsmd 42 NY2d 1014). The only witness to testify at the trial was an expert in the field of real estate appraisals produced by the defendants. His testimony was to the effect that in his opinion the interest sought to be attached would bring $100 at an execution sale. Plaintiff presented no testimony. We are of the opinion that the uncontradicted evidence adduced by defendant at the hearing sustains the findings of the trial court. Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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In an action to recover damages for failure to timely file a notice of attachment, plaintiff appeals from a judgment of the Supreme Court, Orange County, dated November 14, 1978, which, after a trial on the issue of damages, awarded him the sum of $100, together with costs and disbursements. Judgment affirmed, with costs. In this same action we previously affirmed a finding that the defendant was liable to the plaintiff for his negligent failure to file a notice of attachment, but, a new trial was granted limited solely to the issue of damages (Doran v Sheriff of Orange County, 57 AD2d 605, mot for lv to app dsmd 42 NY2d 1014). The only witness to testify at the trial was an expert in the field of real estate appraisals produced by the defendants. His testimony was to the effect that in his opinion the interest sought to be attached would bring $100 at an execution sale. Plaintiff presented no testimony. We are of the opinion that the uncontradicted evidence adduced by defendant at the hearing sustains the findings of the trial court. Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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Bluebook (online)

72 A.D.2d 553, 420 N.Y.S.2d 768, 1979 N.Y. App. Div. LEXIS 13621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doran-v-sheriff-of-orange-county-nyappdiv-1979.

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