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SIEGEL v. NO. BLVD. & 80TH ST. CORP.

31 A.D.2d 182 (1968)

Sydney M. Siegel, Respondent, v. Northern Boulevard & 80th Street Corp. et al., Appellants

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

December 19, 1968.

Attorney(s) appearing for the Case

Nathan Marcus of counsel (Marcus & Janoff, attorneys), for appellants.

Clarence S. Barasch for respondent.

STEVENS and STEUER, JJ., concur with CAPOZZOLI, J.; EAGER, J., dissents in opinion in which BOTEIN, P. J., concurs.

CAPOZZOLI, J.

This action was brought to recover damages resulting from warrants of attachment which were obtained by defendants-appellants and which were later vacated by this court on the ground that they were not authorized by statute. (Northern Blvd. & 80th St. Corp. v. Siegel, 16 A.D.2d 523.) The plaintiff contends that he is not limited by the amount specified...

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