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MORNING GLORY INC v. ENRIGHT

100 Misc.2d 872 (1979)

Morning Glory Media, Inc., Plaintiff, v. Thomas A. Enright et al., Defendants.

Supreme Court, Monroe County.

September 6, 1979

Attorney(s) appearing for the Case

Antell, Harris & Calleri (Michael T. Hagelberg of counsel), for plaintiff. Lamb, Webster, Walz, Donovan & Sullivan (Herman J. Walz of counsel), for defendants.

JOHN A. MASTRELLA, J.

This is a motion for an order confirming an order of seizure granted to the plaintiff, Morning Glory Media, Inc., under the recently revised CPLR article 71. In this case, which appears to be one of first impression, the defendants question the constitutionality of the procedure of granting an order of seizure without notice, and also question to what extent a defense may be interposed...

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