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SHISGAL v. BROWN

3 A.D.3d 434 (2004)

770 N.Y.S.2d 622

PESIA PAM SHISGAL et al., Appellants, v. ERIC BROWN et al., Respondents.

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

January 22, 2004.

Plaintiffs, having failed sufficiently to demonstrate that defendants had disposed of or secreted assets with intent to defraud their creditors, were not entitled to an order of attachment. Affidavits raising mere suspicions of an intent to defraud are not a sufficient ground for the sought relief (see Rosenthal v Rochester Button Co., 148 A.D.2d 375, 376 [1989]). The denial of the relief was also proper in light of plaintiffs' failure...

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