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HOTEL 71 MEZZ LENDER v. FALOR

No. 9

14 N.Y.3d 303 (2010)

926 N.E.2d 1202

900 N.Y.S.2d 698

HOTEL 71 MEZZ LENDER LLC, Appellant, v. ROBERT D. FALOR et al., Respondents, et al., Defendant.

Court of Appeals of New York.

Decided February 16, 2010.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York City ( Robert L. Weigel of counsel), for appellant.

Mitchell Silberberg & Knupp LLP, New York City ( Paul D. Montclare of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

JONES, J.

The primary issue before the Court is whether the intangible personal property plaintiff sought to attach, i.e., defendants' ownership/membership interests in various out-of-state business entities, was subject to attachment under CPLR article 62. We conclude that the issuance of an order of attachment in New York on defendant Guy T. Mitchell, the nondomiciliary garnishee of...

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