Fraser v. Copake Lake Pure Ice Corp.

This is a motion to vacate an attachment, and is the second made in this action. The first motion, made upon the *458papers upon which the attachment was granted, attacked the sufficiency of both causes of action set forth in the complaint. Mr. Justice Dike granted the motion to vacate as to the first cause of action but denied it as to the second (127 Misc. 810). This motion is made upon affidavits setting forth facts which have occurred since the decision made by Mr. Justice Dike. The defendant contends that it is being sued as a joint tort feasor with one Norris, or that it is but secondarily…