COMPANIA PANAMENA v. INTER. UNION LINES


17 Misc.2d 497 (1959)

Compania Panamena Maritima San Gerassimo, S. A., Plaintiff, v. International Union Lines, Ltd., Defendant.

Supreme Court, Special Term, New York County.

April 20, 1959.


Attorney(s) appearing for the Case

Platow & Lyon (John P. Rowan of counsel), for defendant appearing specially.

Poles, Grist, Tublin & Patestides (John G. Poles of counsel), for plaintiff.


EDGAR J. NATHAN, JR., J.

Defendant, appearing specially, moves to vacate a warrant of attachment obtained in an action for damages for a breach of a charter party contract. The warrant of attachment was obtained upon the basis of an affidavit asserting the existence of a cause of action for a sum of money only.

The facts now disclose that prior to the application for the issuance of the warrant, plaintiff demanded arbitration of this dispute in...

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