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  5. 74 A.D.2d 195 (1980)
 

HELMSLEY-SPEAR v. WINTER

74 A.D.2d 195 (1980)

Helmsley-Spear, Inc., Respondent, v. Frank Winter, Appellant, et al., Defendants

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

April 17, 1980

Attorney(s) appearing for the Case

Melvin Hirshowitz of counsel (Hyman Bravin, attorney), for appellant.

Arthur N. Lambert of counsel (William R. Mait and Michael Maillet with him on the brief; Hendler & Murray, attorneys), for respondent.

SANDLER and SULLIVAN, JJ., concur with SILVERMAN, J.; FEIN, J. P., and CARRO, J., dissent in an opinion by FEIN, J. P.

SILVERMAN, J.

This is an appeal by defendant Winter and his wife from an order of the Supreme Court denying their motion to vacate an attachment with respect to defendant Winter's interest in the Helmsley-Spear, Inc. Employees' Profit Sharing Plan and Trust.

Defendant Winter had been an employee of plaintiff Helmsley-Spear, Inc. The complaint alleged that while so employed he had engaged in a course of...

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