ROTHMAN v. ROGERS


221 A.D.2d 330 (1995)

633 N.Y.S.2d 361

Jessel Rothman, Appellant, v. Richard Rogers et al., Defendants, and Mary Rogers, Respondent

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

November 6, 1995


Ordered that the order is affirmed insofar as appealed from, with costs.

Upon a motion to vacate an attachment, the plaintiff has the burden of establishing the grounds for the attachment, the need for continuing the levy, and the probability of success on the merits (see, CPLR 6223 [b]). The court has broad discretion in considering such an application (see, Zenith Bathing Pavilion v Fair Oaks S.S. Corp., 240 N.Y. 307, 312-313).

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