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BERTUCCI v. NEWTON

53 A.D.2d 679 (1976)

Peter N. Bertucci, on Behalf of Himself as a Shareholder of Odysseys Unlimited, Inc., and on Behalf of All Other Shareholders Similarly Situated, Appellant, v. Seymour Newton et al., Respondents, et al., Defendants

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

June 28, 1976

Order reversed, on the law and the facts and in the exercise of discretion, with $50 costs and disbursements, and order of attachment reinstated.

Plaintiff is directed to proceed forthwith to an immediate trial, and, upon his failure so to do, leave is hereby granted to respondents to seek vacatur of the order of attachment upon such ground. In our opinion plaintiff has made a sufficient showing in the underlying conversion action to warrant issuance of an order of...

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