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IDEAL TOY CORP. v. BANK OF TOKYO TRUST CO.

73 A.D.2d 883 (1980)

Ideal Toy Corporation, Respondent, v. Bank of Tokyo Trust Company et al., Defendants, and Whitehall Finance, Ltd., Appellant

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

January 22, 1980

Respondent shall recover of appellant $75 costs and disbursements of this appeal.

Silverman and Yesawich, JJ., dissent in the following memorandum by Silverman, J.:

We would reverse the confirmation of the attachment against defendant-appellant Whitehall Finance, Ltd. and would vacate the attachment as against that defendant. On the facts of this case we do not think that respondent has met the requirement of CPLR 6212 (subd [a]) of showing "that it is probable...

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