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GUTMAN v. SAVAS

243 A.D.2d 370 (1997)

663 N.Y.S.2d 189

Zvia Gutman et al., Respondents, v. Paul H. Savas et al., Appellants, et al., Counterclaim Defendants

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

October 28, 1997

The attachment was properly granted as against the individual defendant-appellant, a nondomiciliary residing outside the State, upon a sufficient showing that he is liable to plaintiffs for money had and received in an amount exceeding all counterclaims known to plaintiffs (CPLR 6201 [1]; 6212 [a]; see, MCT Shipping Corp. v Sabet, 497 F.Supp. 1078, 1086). Concerning the mortgage, numerous issues of fact exist as to its validity...

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