Fried v. Continental Casualty Co.

The plaintiff sues upon an undertaking made by defendant March 5, 1934, to discharge an attachment procured by plaintiff against the property of Gerard Service, Inc., on May 4, 1934. A motion made in that action to vacate the attachment upon the original papers was denied on May 23, 1934, but such denial was reversed by the Appellate Term, First Department, October, 1934, and the motion to vacate was granted, the court writing: “ As the affidavits of the plaintiff in support of the attachment are totally insufficient, it was error for the court to grant the same and the motion to vacate…