MARCELLA'S APPLIANCES SALES & SERVS., INC. v. GEN. ELEC. CREDIT CORP.


76 A.D.2d 990 (1980)

Marcella's Appliances Sales and Services, Inc., Appellant, v. General Electric Credit Corporation, Respondent

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

June 19, 1980


Plaintiff's attempt to recover damages allegedly caused by a wrongful attachment granted during the course of a replevin action commenced by defendant must be rejected. Although it was decided that defendant was not entitled to an attachment in that action, the damages allegedly sustained by plaintiff were not proximately caused "by reason of the attachment" (CPLR 6212, subd [e]) since the court had ordered that the Sheriff retain possession of the merchandise until further...

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