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WATERMAN-BIC PEN v. WATERMAN PEN CO.

8 A.D.2d 378 (1959)

Waterman-Bic Pen Corporation, Appellant, v. L. E. Waterman Pen Company Ltd. et al., Respondents, et al., Defendants

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

June 30, 1959.

Attorney(s) appearing for the Case

Walter S. Beck of counsel (Leon Alexandroff, Gerald Meyer, Seymour Shainswitt and Neil A. Pollio with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for appellant.

Henry Cohen of counsel (Robert J. Feldman with him on the brief; Cohen & Sandomire, attorneys), for respondents.

BOTEIN, P. J., BREITEL, RABIN, VALENTE and McNALLY, JJ., concur.

Per Curiam.

Plaintiff has made a sufficient prima facie showing of fraud on the part of defendants to sustain an attachment, and defendants, in moving to vacate, have failed to demonstrate that plaintiff cannot ultimately succeed (Wulfsohn v. Russian Socialist Federated Soviet Republic, 234 N.Y. 372, 377; Bard-Parker Co. v. Dictograph Prods. Co., 258 App. Div. 638).

Plaintiff, in purchasing the...

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