71 N.Y.S. 776 | N.Y. Sup. Ct. | 1901
On or about December 1, 1899, this action was commenced» and an attachment procured on the ground of the nonresidence of defendant and for breach of contract. The complaint and affidavits in support of the attachment allege that defendant Arthur employed the plaintiffs to procure an exchange of real estate; that plaintiffs procured such exchange, in accordance with the directions of said defendant, and that their services are reasonably worth the sum of $6,000. The said plaintiffs had the attachment levied on real estate in this city belonging to said defendant, and filed a lis pendens. On or about October 1, 1900, said defendant became a resident of this city. She now makes this motion to vacate the attachment. It is claimed that she has not specified the irregularities complained of in her moving papers, as required by rule 37, but she maintains that this application is not based on any irregularity, but upon the merits and on jurisdictional defects. The plaintiffs’ cause of action is based on a quantum meruit. They claim their services are worth $6,000, but there is nothing to show the value of the property exchanged, or the nature and extent of the services rendered. The damages are unliquidated, and we have nothing but the plaintiffs’ assertion that they should be valued at $6,000. The
Motion granted, with ten dollars costs to abide event. (