MACMILLAN, INC. v. HAFNER


42 A.D.2d 533 (1973)

Macmillan, Inc., Respondent, v. Walter A. Hafner et al., Defendants, and Dominick Coppola, Appellant

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

June 12, 1973


At best, respondent presented but a scintilla of proof as to the requisite elements of the fraud cause of action alleged in the complaint. Such a perfunctory showing falls short of the requirements to support the drastic remedy of attachment. The attachment was obtained ex parte long after the action had been commenced and defendants had appeared in the action. No question of jurisdiction is involved. Respondent has failed to establish that appellant knew that certain accounts...

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