BON-R REPRODS. v. MARKOWITZ


83 Misc.2d 856 (1975)

Bon-R Reproductions, Inc., Respondent, v. Marvin Markowitz, Appellant.

Supreme Court, Appellate Term, First Department.

September 8, 1975


Attorney(s) appearing for the Case

Delafield, Hope & Linker (Clayton P. Wood and Fred Noz of counsel), for appellant. Joseph Mandell and Emanuel Thebner for respondent.

Concur — DUDLEY, P. J., FINE and FRANK, JJ.


Per Curiam.

An order of arrest pursuant to CPLR 6101 is a provisional remedy which is intended to protect the plaintiff during the pendency of an action. If the relief is based upon a defendant's fraud and deceit, as it is here, then that relief is only available until judgment (CPLR 6111, 6101, subd 1). In this case, however, plaintiff delayed in seeking the relief until after the trial court awarded it judgment. While appellant may have entered the judgment...

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