Marshal Not Entitled to Fees Against Tenants on Rent Strike

Landlord sued tenants who were on rent strike for back rent owed. The court ruled for landlord and directed tenants to pay rent that they were holding in escrow. A city marshal then levied on a bank account held by tenants. The marshal asked the court to award him fees totaling $33,000, based on a percentage of the total money judgment. The court ruled for the marshal, even though the money judgment was vacated on appeal. The court found that the marshal was entitled to fees because tenants had actively interfered with the collection process. Tenants appealed and won. Tenants' payment of the money judgment pending appeal was stayed when tenants posted a bond with the court. The marshal then agreed with the bank to release the levy except for the amount of his fees. This agreement was made without consulting landlord, who was a party to the case. This violated the law governing marshal fees. Therefore, the marshal was not entitled to the fees claimed.

Solow Management Corp. v. Tanger: NYLJ, 1/18/07, p. 22, col. 1 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Sullivan, Nardelli, McGuire, JJ)