Appellate Division of the Supreme Court of New York, 1947

Quality Fruit Wines Corp. v. Cribari

Quality Fruit Wines Corp. v. Cribari
Appellate Division of the Supreme Court of New York · Decided November 17, 1947
272 A.D.2d 1070
Quality Fruit Wines Corp. v. Cribari

Opinion of the Court

Order denying motion to vacate writ of attachment reversed on the law and the -facts, with $10 costs and disbursements, and the motion granted, without costs. The original papers upon which .the warrant of attachment was issued fail to state evidentiary facts sufficient to prove nonresidence, and establish that the statement of residence therein contained was not made upon the knowledge of affiant. (Cousins v. Schlichter, 135 App. Div. 779.) Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ., concur. [See 273 App. Div. 774.]

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