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DREXEL BURNHAM v. RUEBSAMEN

139 A.D.2d 323 (1988)

Drexel Burnham Lambert Incorporated, Appellant, v. Heinz Ruebsamen, Jr., et al., Respondents

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

July 21, 1988

Attorney(s) appearing for the Case

Jeffrey L. Liddle of counsel (Paul T. Shoemaker with him on the brief; Liddle, O'Connor, Finkelstein & Robinson, attorneys), for appellant.

David J. Eiseman of counsel (Barry S. Gold with him on the brief; Golenbock, Eiseman, Assor, Bell & Perlmutter, attorneys), for respondents.

I. Scott Bieler and Joan Bianco of counsel (A. Robert Pietrzak and Brown & Wood, attorneys), for Securities Industry Association, Inc. and another, amici curiae.

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

MILONAS, J.

This is a special proceeding pursuant to CPLR 7502 (c) in which petitioner-appellant Drexel Burnham Lambert Incorporated seeks an order of attachment prior to arbitration. It is petitioner's contention that the attachment is required to provide security for a claim by Drexel against respondents Heinz Ruebsamen, Jr., and Werner Ruebsamen in a pending arbitration proceeding. Although the parties agree...

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