HOTEL 71 MEZZ LENDER LLC, Respondent,
v.
ROBERT D. FALOR et al., Appellants, et al., Defendant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
December 16, 2008.
December 16, 2008.
Attorney(s) appearing for the Case
Tashjian & Padian, New York City (Bradley M. Rank and Gerald Padian of counsel), for Robert D. Falor and others, appellants.
Kilpatrick Stockton LLP, New York City (Joseph Petersen and Christopher Lick of counsel), for Jennifer Falor, appellant.
Patterson Belknap Webb & Tyler, LLP, New York City (Stephen P. Younger and Sarah E. Zgliniec of counsel), and Berger & Webb LLP, New York City (Steven A. Berger and Thomas E. Hone of counsel), for Guy T. Mitchell, appellant.
Gibson, Dunn & Crutcher LLP, New York City (Robert L. Weigel of counsel), and Akin Gump Strauss Hauer & Feld LLP, New York City (John W. Berry and Robert H. Hotz, Jr. of counsel), for respondent.
LIPPMAN, P.J., and TOM, J., concur with ANDRIAS, J.; SAXE, J., dissents in a separate opinion.
Appellate Division of the Supreme Court of New York, First Department.
OPINION OF THE COURT
ANDRIAS, J.
On this appeal, appellants seek to vacate the prejudgment order confirming the ex parte attachment of their membership interests in 23 entities, including Delaware, Georgia and Florida limited liability companies and a solely owned Florida corporation, and the subsequent orders conditionally appointing a receiver of those out-of-state interests.
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