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RUBIN v. FREEMAN ELEC. CONSTR. CO., INC.

8 A.D.2d 700 (1959)

Ben Rubin, Doing Business as Island Factors Company, Respondent, v. Freeman Electric Construction Co., Inc., Defendant, and Maurice Freeman, Appellant

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

May 12, 1959

MEMORANDUM BY THE COURT.

Undisputed on this record and in the briefs filed on the appeal is the fact that the cause of action originally sued upon was one under which an order of arrest might have issued (Civ. Prac. Act, § 826). No question has been raised, moreover, that such cause of action fell under subdivisions 3 and 5 of section 826. Of course, if the cause of action fell within subdivisions 6, 7 or 9 of such section...

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