J.V.W. INVESTMENT LTD. v. KELLEHER


41 A.D.3d 233 (2007)

837 N.Y.S.2d 650

J.V.W. INVESTMENT LTD. et al., Respondents, v. DONAL KELLEHER, Defendant, and SUISSE SECURITY BANK AND TRUST, LTD., Appellant.

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

Decided June 19, 2007.


CPLR article 62 did not authorize the motion court to provide that the attachment being granted was a "continuation" of an attachment plaintiffs had previously obtained in a federal court action, so that the effective date of the attachment granted herein was the same as that of the federal court attachment. Since the statute authorizing attachment is "strictly construed in favor of those against whom it may be employed" (Glazer & Gottlieb v Nachman,

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