Appellate Division of the Supreme Court of New York, 1928

Cardinal Furniture Factories, Inc. v. Diana Furniture Co.

Cardinal Furniture Factories, Inc. v. Diana Furniture Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1928
225 A.D. 673
Cardinal Furniture Factories, Inc. v. Diana Furniture Co.

Opinion of the Court

Order denying motion to vacate warrant of attachment reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. We are of opinion that the unverified complaint and the affidavit upon which the warrant of attachment was granted are insufficient in that they do not contain proof of facts constituting a prima facie cause of action. Lazansky, P. J., Rich, Hagarty and Carswell, JJ., concur; Kapper, J., dissents.

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