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Vitale v. Hotel California, Inc.
Citation:
446 A.2d 880 (N.J. Super. Ct. Law 1982)Facts
Vitale obtained a final judgment against California in the amount of $6,317 plus costs on August 12, 1980. A writ of execution issued on June 23, 1981, and on July 9 the sheriff received the writ along with a cover letter from plaintiff instructing him to levy upon all monies and personal property at The Fast Lane. On July 27, the office indicated to plaintiff’s attorney, Jeffrey K. Israelow, that a levy was not possible since the bar was only open late in the evening. On August 5, the court ordered that the sheriff be permitted access to the bar and to arrest anyone who interfered with the levy to show cause before they court. The sheriff, however, maintained that it is unreasonable to expect any sheriff to command his officers or deputies to go forth for an unknown number of occasions, at an unreasonable hour, to seize proceeds of an establishment such as The Fast Lane.
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Topic Resources
Topic Outline
RemediesTopic Refresher Course
Breach: Major and MinorTopic Charts & Notes
Remedies