MGD GRAPHICS SYS., INC. v. ARCATA GRAPHIC CORP.


42 A.D.2d 827 (1973)

MGD Graphics Systems, Inc., Respondent, v. Arcata Graphic Corporation, Appellant

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

July 6, 1973


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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