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BANCO FRANCES E BRASILEIRO v. JOHN DOE NO. 1

54 A.D.2d 661 (1976)

Banco Frances E Brasileiro S. A., Respondent, v. John Doe No. 1, Appellant, et al., Defendants, Martin E. Silfen, P. C., Appellant

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

October 26, 1976

Order entered June 28, 1976, unanimously affirmed, with one bill of $40 costs and disbursments to respondent.

Order entered on May 3, 1976, is unanimously dismissed, as academic, without costs and without disbursements.

Our attachment statute (CPLR art 62) passes constitutional muster (AMF v Algo Distrs., 48 A.D.2d 352) and the underlying merits of plaintiff's claim would have been considered had defendants sought...

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