149 Misc. 360 | N.Y. Sup. Ct. | 1931
1. The sheriff made a proper levy pursuant to the Friede attachment. Failure to enter the levy in the sheriff’s book did not destroy the validity of the lien. It obtained priority because its delivery to the sheriff antedated the delivery of plaintiff’s execution. (Civ. Prac. Act, §§ 680, 960.) It became complete when service was effected on the bank. It may not be successfully attacked because the depository did not return a certificate to the sheriff. (Prahl Construction Corp. v. Jeffs, 126 Misc. 802, 804; Korytkowsky v. Greniewicki, 220 App. Div. 237, 239.) 2. The doctrine of dormancy urged by the plaintiff does not apply to attachments. (M. & T. Bank v. Dakin, 51 N. Y. 519, 523; Van Camp v. Searle, 147 id. 150, 160; Castriotis v. Guaranty Trust Co., 229 id. 74; Kneeland Attachments, 443, 444.) Moreover, the decision of Mr. Justice Ingraham, affirmed by the Appellate Division, determined that dormancy had no application. In any event, the doctrine of dormancy may not be invoked here. Failure to proceed after delivering the attachment is not sufficient to destroy the hen. Constructive fraud or estoppel, which in the final analysis is the principle underlying dormancy, may not be spelled out of mere inactivity. Especially is this true where the