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SUGAR v. CURTIS CIRCULATION COMPANY

No. 74 Civ. 78.

377 F.Supp. 1055 (1974)

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

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

June 17, 1974.

Attorney(s) appearing for the Case

Levy & Ledes, New York City, for plaintiffs.

Young, Sonnenfeld & Busner, New York City, for defendant Curtis Circulation Co.

Gilbert, Segall & Young, New York City, for defendant National Sports Publishing Corp.

MEMORANDUM

LASKER, District Judge.

In recent years, the constitutionality of statutes permitting the ex parte prejudgment seizure of property has been increasingly open to question. In this suit, plaintiffs seek injunctive and declaratory relief against the enforcement of Article 62 of the Civil Practice Law and Rules ("CPLR") of the State of New York, which permits prejudgment attachment of property without prior notice or a hearing. Plaintiffs claim...

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