INT'L ENTERS., INC. v. PENNSON INT'L CORP.


278 A.D. 932 (1951)

International Enterprises, Inc., et al., Appellants, v. Pennson International Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 20, 1951.


Order affirmed with $20 costs and disbursements to respondent.

DORE, J. (dissenting).

Defendant's affidavits on the motion to vacate the attachment fail to show factually that defendant has any counterclaim known to plaintiffs in excess of plaintiffs' claim. Specifically no acceptance by plaintiffs is shown of the claimed purchase orders sent by defendant. Defendant's moving affidavits are not sufficient to justify vacatur of this attachment and...

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