DEVOE & RAYNOLDS v. PELL CITY PIPE


37 Misc.2d 123 (1962)

Devoe & Raynolds Company, Inc., Plaintiff, v. Pell City Pipe & Foundry Co., Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

September 19, 1962


Attorney(s) appearing for the Case

Raphael, Searles & Vischi for Terry Contracting, Inc., defendant. Manning, Hollinger & Shea for plaintiff.


JAMES A. ROE, JR., J.

This is a motion by the defendant Terry Contracting, Incorporated, hereinafter called Terry, to vacate a warrant of attachment.

The motion is denied.

An attachment should stand if the plaintiff's affidavits made out a prima facie showing, entitling it to the attachment and should only be vacated if the defendant clearly indicates that the plaintiff must ultimately fail....

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