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HENRY STUART (FABRICS) LTD. v. JULES MOSKOWITZ & CO., INC.

44 A.D.2d 798 (1974)

Henry Stuart (Fabrics) Ltd., Plaintiff, v. Jules Moskowitz & Co., Inc., Defendant and Third-Party Plaintiff. Delor Fabrics, Inc., Third-Party Defendant. (Action No. 1.) Delor Fabrics, Inc., Appellant, v. Henry Stuart (Fabrics) Ltd., Respondent. (Action No. 2.)

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

May 7, 1974

An order of attachment may be vacated pursuant to CPLR 6223 only upon a determination that it was illegally or improperly issued (Green River Distilling Co. v. Massachusetts Bonding & Ins. Co., 234 N.Y. 109; 7A Weinstein-Korn-Miller, par. 6223.01). Accordingly, since on a prior motion to vacate, it was determined that the order of attachment herein was properly issued, it was error for the court below to thereafter vacate pursuant to CPLR 6223. And, while discharge...

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