LONG IS. TRUST CO. v. PORTA ALUMINUM


44 A.D.2d 118 (1974)

Long Island Trust Company, Respondent, v. Porta Aluminum Corp. et al., Appellants

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

April 1, 1974.


Attorney(s) appearing for the Case

Norman L. Rosenthal for appellants.

Cullen & Dykman (Peter J. Mastaglio of counsel), for respondent.

GULOTTA, P. J., HOPKINS, MARTUSCELLO and COHALAN, JJ., concur.


SHAPIRO, J.

In an action in replevin under article 71 of the CPLR, the Special Term, on notice to the defendants, granted the plaintiff's motion for an order of seizure (CPLR 7102) on the giving of undertakings in specified amounts. The defendants seek a reversal, upon the ground, among others, that the statute is unconstitutional.

THE FACTS.

The plaintiff made a loan to Gilbalstan, Inc. (the...

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