VALENTINE DOLLS v. McMILLAN


25 Misc.2d 551 (1960)

Valentine Dolls, Inc., Plaintiff, v. Frank A. McMillan, Defendant.

Supreme Court, Special Term, Kings County.

April 15, 1960.


Attorney(s) appearing for the Case

Krause, Hirsch, Gross & Heilpern for plaintiff. Booth, Baron & Doppelt for defendant.


JOHN E. CONE, J.

Motion to vacate attachment. An attachment being of statutory origin and harsh in its nature, the statutes relating thereto must be construed "in accordance with the general rule applicable to statutes in derogation of the common law, strictly in favor of those against whom it may be employed". (Emphasis supplied.) (Penoyar v. Kelsey, 150 N.Y. 77; Nomikos [London], Ltd. v. Petroutsis, 186 Misc. 710.) It is further...

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