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GENGER v. GENGER

109749/09, 4462N, 4461.

152 A.D.3d 444 (2017)

2017 NY Slip Op 05687

55 N.Y.S.3d 658

ORLY GENGER, Individually and on Behalf of the ORLY GENGER 1993 TRUST, Respondent, v. DALIA GENGER, Appellant, et al., Defendants.

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

Decided July 13, 2017.

To obtain an order of attachment, a plaintiff must "show, by affidavit and such other written evidence as may be submitted,... that it is probable that the plaintiff will succeed on the merits" (CPLR 6212 [a]). The only claim in this action that seeks a money judgment against Dalia (see CPLR 6201) is the fourth, for fraud.

The elements of fraud are "a misrepresentation or a material omission of fact which was false...

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