ELTON LEATHER v. FIRST GEN.


138 A.D.2d 132 (1988)

Elton Leather Corporation, Appellant, v. First General Resources Company, Individually and Doing Business as Osceola Shoe Company Inc., Defendant, and Osceola Shoe Company, Inc., Respondent

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

June 28, 1988


Attorney(s) appearing for the Case

Peter R. Silverman of counsel (Silverman & Skolnick, P. C., attorneys), for appellant.

Ellen G. Zindler for respondent.

KUPFERMAN, J. P., CARRO, ROSENBERGER and ELLERIN, JJ., concur.


ROSS, J.

This appeal presents us with the issue of whether a foreign corporation is entitled to have an attachment, issued pursuant to CPLR 6201 (1), vacated against its property, upon the basis that it has filed a postattachment, preconfirmation application to do business in New York State. We are informed by counsel that this is an appellate issue of first impression in this State.

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