In Firstar Equip, Finance v. Jonathan Travel & Tours. Inc. (292 AD2d 275 [1st Dept 2002]) a prior action between the defendants and the lessor of the vehicle had resulted in a judgment awarding possession of the motor vehicle to the defendants. Although the judgment had been signed by a referee assigned to hear and determine the issue, and filed with the Clerk of the Court, it was never signed by the latter and a judgment-roll never prepared. Nevertheless, the defendants' attorney issued a property execution to a City Marshall, who seized the vehicle. Firstar Equipment Finance moved, by order to show cause, to recover possession from the City Marshall, claiming that it was the rightful owner of the vehicle. The Supreme Court granted the motion, ruling that Firstar Equipment Finance was the rightful owner of the vehicle, that the filings in the prior action did not constitute entry of a judgment under CPLR 5016(a) and 5017(a), and thus the City Marshall's seizure of the vehicle was improper. On appeal, the First Department affirmed, ruling that since "there was no valid document of execution, the seizure of the vehicle by the City Marshall was a nullity." (Id. at 275.)