PUB. ADM'R v. GALLO


20 Misc.2d 388 (1959)

Public Administrator of New York County, as Administrator of The Estate of Salvatore Frieri, Deceased, Plaintiff, v. Vincent Gallo et al., Defendants.

Supreme Court, Special Term, New York County.

November 9, 1959.


Attorney(s) appearing for the Case

Shearman & Sterling & Wright (Herman E. Compter and Robert C. Fry of counsel), for defendants appearing specially.

Joseph T. Arenson and Lloyd I. Isler for plaintiff.


JACOB MARKOWITZ, J.

Motion by defendants for an order vacating and setting aside warrants of attachment. The action is for recovery of money had and received. The motion is founded on the papers on which the warrant is granted which defendants assert are insufficient on their face in that (1) it is not shown by evidentiary facts that a cause of action for the recovery of a sum of money only exists against the...

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