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  5. 43 N.Y.2d 972 (1978)
 

PPX ENTERS., INC. v. SCEPTER RECORDS, INC.

43 N.Y.2d 972 (1978)

PPX Enterprises, Inc., Appellant, v. Scepter Records, Inc., Respondent.

Court of Appeals of the State of New York.

Decided March 21, 1978.

Attorney(s) appearing for the Case

Sherman P. Rothman for appellant.

Robert K. Ruskin and Jeffrey L. Liddle for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur; Chief Judge BREITEL dissents and votes to reverse in a separate opinion in which Judge GABRIELLI concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

After obtaining an original order for attachment in the amount of $30,000, the validity of which was upheld by the Appellate Division (48 A.D.2d 1017), plaintiff obtained a supplemental order of attachment in an additional amount of $56,000. On a motion to vacate or to modify the second attachment, vacatur was denied but the issue of ...

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