Appellate Division of the Supreme Court of New York, 1960

Gonzalez v. Industrial Bank

Gonzalez v. Industrial Bank
Appellate Division of the Supreme Court of New York · Decided February 23, 1960
10 A.D.2d 624; 196 N.Y.S.2d 926; 1960 N.Y. App. Div. LEXIS 11635
Gonzalez v. Industrial Bank

Opinion of the Court

Order denying defendant’s motion to vacate warrant of attachment and to set aside the service of the summons and complaint unanimously affirmed, with costs to abide the event. The grounds for' decision by Special Term cannot be adopted. However, there is enough of an allegation at this stage of the proceedings to support the claim of an over-all agreement as distinguished from the sale of a draft to require defendant to be put to answer, at least, and also, perhaps, to its proof. Concur • — ■ Botein, P. J., Breitel, McNally, Stevens and Bastow, JJ.

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