43 A.D.2d 1009 | N.Y. App. Div. | 1974
Order unanimously reversed, with costs, and matter remitted to Special Term, Monroe County, for issuance of an order of attachment in accordance with the following memorandum: Although Special Term denied the application for an order of attachment on the ground that there was “ no debt or property subject to attachment as required by Sec. 6202 CPLR”, on this appeal defendant agrees with plaintiff “ that monies are presently due and owing from the City of Rochester to the defendant and that such monies constitute a debt which, in an appropriate case, could be attached.” The question thus presented to us is whether, in the exercise of sound discretion, the provisional remedy — sought for security purposes only and not to confer juris