Order unanimously reversed, with costs and motion granted.
Memorandum:
Defendant appeals from a Special Term order which denied its motion to quash an ex parte order directing the seizure of a book binding machine. The affidavit of plaintiff's attorney upon which the seizure order was based shows that the final payment for the machine amounting to $88,500 has not been made and that defendant has refused to pay it. It does not show, however, that such payment...
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