Order, entered on June 20, 1961, denying defendant Mecho's motion to vacate the warrant of attachment, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to defendant-appellant, and the motion granted.
Plaintiff has failed to set forth sufficient facts establishing misrepresentation or fraud on the part of the moving defendant who was not a party to the contract. "Fraud cannot be inferred, it must be proved." (Anderson v. Malley...
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