Ideal Toy Corp. v. Bank of Tokyo Trust Co.
73 A.D.2d 883 | N.Y. App. Div. | 1980
Lead Opinion
— Order, Supreme Court, New York County, entered on June 11, 1979, affirmed. Respondent shall recover of appellant $75 costs and disbursements of this appeal. Concur — Fein, J. P., Bloom and Ross, JJ.
Dissenting Opinion
dissent in the following memorandum by Silverman, J.: We would reverse the confirmation of the attachment against defendant-appellant Whitehall Finance, Ltd. and would vacate the attachment as against that defendant. On the facts of this case we do not think that respondent has met the requirement of CPLR 6212 (subd [a]) of showing "that it is probable that the plaintiff will succeed on the merits” as against this defendant-appellant.