| 68-49 Woodhaven Boulevard Holding Corp. v Exxon Mob |
| Motion No: 2008-05405 |
| Slip Opinion No: 2008 NYSlipOp 81833(U) |
| Decided on September 5, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M75285
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. LIFSON
FRED T. SANTUCCI
HOWARD MILLER, JJ.
|
2008-05405 68-49 Woodhaven Boulevard Holding Corp. plaintiff-respondent-appellant, v Exxon Mobil Corporation, etc., defendant third-party plaintiff- appellant-respondent; AC Woodhaven, Inc., et al., third-party defendants-respondents-appellants. (Index No. 1353/05)
| DECISION & ORDER ON MOTION |
Motion by Exxon Mobil Corporation on an appeal from a judgment of the Supreme Court, Queens County, entered April 25, 2008, to direct Henry Daley, Marshal, City of New York, to return the sum of $1,157,441.32, which was levied from the appellant's account at Citibank, N.A.
Upon the stipulation of the attorneys for the parties and of Henry Daley, Marshall, City of New York, it is
ORDERED that the motion is granted, and Henry Daley, Marshal, City of New York, is directed to return to Exxon Mobil Corporation the sum of $1,102,213.48, which was levied from its account at Citibank, N.A.; and it is further,
ORDERED that Henry Daley shall retain the sum of $55,227.84, as his fees and expenses.
RIVERA, J.P., LIFSON, SANTUCCI and MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court