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FIRST NAT'L STATE BANK OF NEW JERSEY v. ALPHA HERMETIC, INC.

59 N.Y.2d 888 (1983)

First National State Bank of New Jersey, Respondent, v. Alpha Hermetic, Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1983.

Attorney(s) appearing for the Case

Edward C. Cerny, III, for appellant.

Arthur C. Linderman and Jeffrey L. Kreisberg for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

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

Defendant contends that upon Special Term's vacatur of the temporary restraining order enjoining disposition of its property, it was entitled pursuant to CPLR 6212 (subd [e]) to damages resulting from the restraint. Specifically, it seeks attorney's fees expended in obtaining the vacatur. CPLR 6212 (subd [e]) provides that plaintiff shall...

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