Yusuf v. City of New York

Appellate Division of the Supreme Court of New York

Yusuf v. City of New York

87 A.D.3d 939, 929 N.Y.2d 858

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

DecidedSeptember 29, 2011

StatusPublished

This text of 87 A.D.3d 939 (Yusuf v. City of New York) 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

Yusuf v. City of New York, 87 A.D.3d 939, 929 N.Y.2d 858 (N.Y. Ct. App. 2011).

Pincite

Opinion

The motion court correctly applied our prior holding (309 AD2d 721 [2003]) that the judgment was improperly augmented by additional fees in calculating poundage. Defendants have not advanced any basis for departing from that decision; their reliance on a regulation in the New York City Marshals Handbook is misplaced, as it does not apply to sheriffs, whose fees are governed by CPLR 8012 (b) (1). Concur — Tom, J.P, Catterson, Renwick, Freedman and Manzanet-Daniels, JJ.

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The motion court correctly applied our prior holding (309 AD2d 721 [2003]) that the judgment was improperly augmented by additional fees in calculating poundage. Defendants have not advanced any basis for departing from that decision; their reliance on a regulation in the New York City Marshals Handbook is misplaced, as it does not apply to sheriffs, whose fees are governed by CPLR 8012 (b) (1). Concur — Tom, J.P, Catterson, Renwick, Freedman and Manzanet-Daniels, JJ.

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Bluebook (online)

87 A.D.3d 939, 929 N.Y.2d 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yusuf-v-city-of-new-york-nyappdiv-2011.