Appellate Division of the Supreme Court of New York, 1954

Heller v. E. D. Sassoon Banking Co.

Heller v. E. D. Sassoon Banking Co.
Appellate Division of the Supreme Court of New York · Decided October 5, 1954
284 A.D. 869; 134 N.Y.S.2d 58; 1954 N.Y. App. Div. LEXIS 3850
Heller v. E. D. Sassoon Banking Co.

Opinion of the Court

Order unanimously reversed and motion granted to vacate the warrant of attachment and the service of the summons by publication, with $10 costs. The complaint and the submitted affidavits clearly show that plaintiff has failed to establish a cause of action against this defendant. Where it is shown that the plaintiff must ultimately fail, the warrant should be vacated (Wulfsohn v. Russian Republic, 234 N. Y. 372, 377). Settle order. Present — Peck, P. J., Dore, Breitel, Bastow and Botein, JJ. [See post, p. 948.]

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