AMF INC. v. ALGO DISTRS.


48 A.D.2d 352 (1975)

Amf Incorporated, Respondent, v. Algo Distributors, Ltd., et al., Appellants

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

June 9, 1975


Attorney(s) appearing for the Case

Tate & Tate (Rex S. Ruthman of counsel), for appellants.

Rogers Hoge & Hills (Kenneth L. Everett of counsel), for respondent.

GULOTTA, P. J., LATHAM and CHRIST, JJ., concur with MARTUSCELLO, J.; BENJAMIN, J., concurs, with a separate memorandum.


MARTUSCELLO, J.

The defendants appeal from an order which denied their motion to vacate an order of attachment. This appeal raises for review the question whether an ex parte order of attachment, entered without notice to the debtor and without an opportunity for him to be heard, violates the mandates of the due process clause of the Fourteenth Amendment of the Constitution of the United States. More particularly...

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