CITIBANK, N.A. v. KEENAN POWERS & ANDREWS PC

3684N, 651075/12.

149 A.D.3d 484 (2017)

2017 NY Slip Op 02766

49 N.Y.S.3d 895

CITIBANK, N.A., et al., Appellants, v. KEENAN POWERS & ANDREWS PC et al., Defendants, and SECURE TITLE AGENCY INC., Respondent.

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

Decided April 11, 2017.


A stipulation modifying an order of attachment does not negate an attachment or eliminate the attached party's right to damages under CPLR 6212 (e). Here, the wrongful attachment did not flow from the parties' stipulations but from an order of attachment itself, which was sought and obtained by plaintiffs against Secure Title and other defendants when they commenced the case. Plaintiffs are also incorrect in asserting that there was no underlying attachment because...

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