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Bam Bam Entertainment v. Pagnotta

Summary Judgment Denied in Motion for Damages Against Marshal Levying on Bank Account

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Recitation, as required by CPLR 2219(a), of the papers considered on the review of this motion for summary judgment and cross motion for summary judgmentPAPERS NUMBEREDNotice of Motion and Affidavits Annexed 1Notice of Cross-Motion and Affidavits Annexed 2Answering AffidavitsReplying AffidavitsSur-Reply AffidavitsDECISION/ORDER

*1 Upon the foregoing cited papers, the Decision/Order on this motion and cross motion is as follows: Bam Bam Entertainment LLC, a Florida limited liability company (the Plaintiff) moves for (i) summary judgment on its claim for $10,668.25, and (ii) continuance and severance on its claim for punitive damages, arguing that New York City Marshal Richard J. Pagnotta (the Marshal) should be liable for levying on Plaintiff’s bank account located outside the City of New York to partially satisfy a debt which Plaintiff does not dispute it owes. The Marshal cross-moves for summary judgment requesting dismissal.

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