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SUGAR v. CURTIS CIRCULATION COMPANY

No. 74 Civ. 78.

383 F.Supp. 643 (1974)

Bert Randolph SUGAR and Wrestling Revue, Inc., Plaintiffs, v. CURTIS CIRCULATION COMPANY et al., Defendants.

United States District Court, S. D. New York.

October 17, 1974.

Attorney(s) appearing for the Case

Levy & Ledes, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, Seth Greenwald, Asst. Atty. Gen., for Justices Fine and Beisheim and himself.

Young, Sonnenfeld & Busner, New York City, for Curtis Circulation Corp., Philip H. Busner, New York City, of counsel.

Gilbert, Segall & Young, New York City, for National Sports Publishing Corp., David C. Reynolds, New York City, of counsel.

Before FEINBERG, Circuit Judge, and LASKER and OWEN, District Judges.

OPINION

LASKER, District Judge.

This suit attacks the constitutionality of the New York Attachment Statute, CPLR § 6201 et seq., which permits ex parte pre-judgment attachment of the property of a defendant. In particular, it is claimed that CPLR § 6201(4)(5) and (8), and CPLR § 6211,1 which collectively allow such attachment upon a plaintiff's ex parte allegation that the defendant has defrauded him, violate the...

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