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SCHIAVONE v. ELGOOD MAYO

81 A.D.2d 221 (1981)

Schiavone Construction Company et al., Respondents, v. Elgood Mayo Corp. et al., Defendants, and Timberland Equipment Limited, Formerly Known as Timberland Ellicott Limited, Appellant. (And a Third-Party Action.)

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

June 16, 1981

Attorney(s) appearing for the Case

Raymond S. Jackson, Jr., of counsel (Peter D. Raymond with him on the brief; Thacher, Proffitt & Wood, attorneys), for appellant.

Eugene Schaffel of counsel (Norman D. Alvy and John R. Casolaro with him on the brief; Buckley, Treacy, Schaffel, Mackey & Abbate, attorneys), for respondents.

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

FEIN, J.

Plaintiff Schiavone Construction Company (Schiavone) has been granted an attachment of the assets of defendant Timberland Equipment Limited (Timberland) pursuant to CPLR 6201 (subd 1). In sustaining the attachment, Special Term concluded that plaintiff had demonstrated the existence of a valid cause of action and that it is probable that the plaintiff will succeed on the merits. Plaintiff was granted...

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