Florea v. Shultz

127 Misc. 420, 216 N.Y.S. 412, 1926 N.Y. Misc. LEXIS 1016

Opinion

Per Curiam.

Plaintiff as city marshal sued for conversion on property in his custody and possession by virtue of a levy made pursuant to a warrant of attachment. It is well settled that a sheriff may maintain an action of conversion with respect to property in his possession as a result of a lawful levy. (Dickinson v. Oliver, 112 App. Div. 806; Ansonia, etc., v. Babbitt, 74 N. Y. 395.) Sections 45, 47 and 151 of the Municipal Court Code would appear to place city marshals on a parity with sheriffs in that regard. Moreover, no reason suggests itself for differentiation between a marshal and a sheriff in a situation of this character.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Delehanty, Lydon and Levy, JJ.