Costa v. Fantasia Distributing Corp.

Fein and Sullivan, JJ.,

dissent in a memorandum by Sullvian, J., as follows: In this turnover application (CPLR 2701) plaintiff appeals from so much of an *922order of Special Term as required him to post a bond in the sum of $30,000 as a condition to the court’s direction that defendants return his artwork to him. (Originally the court had required a $50,000 bond, but reduced the amount on reargument.) We believe the requirement of an undertaking should be vacated since its effect is to give defendants the benefits of an extrajudicial attachment of plaintiff’s property. In December, 1979, the…