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STURGIS v. WOLFE

148 A.D.2d 770 (1989)

Harold Sturgis, Appellant, v. Roy Wolfe, Defendant, and Arthur Picon et al., Respondents

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

March 2, 1989

Harvey, J.

This case arises from a breach of contract action which was commenced when plaintiff obtained an ex parte order of attachment against defendants in May 1985. Plaintiff moved by order to show cause to confirm the attachment and defendants cross-moved for an order vacating the attachment and, pursuant to CPLR 6212 (b) and (e), sought all costs and damages caused by the attachment, including counsel fees. Supreme Court vacated the attachment against...

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