Rothman v. Rogers

—In

an action, inter alia, for a judgment on an account stated, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), entered October 12, 1993, as granted the cross motion of the respondent Mary Rogers to vacate the plaintiff’s order of attachment on certain real and personal property.

Ordered that the order is affirmed insofar as appealed from, with costs.

Upon a motion to vacate an attachment, the plaintiff has the burden of establishing the grounds for the attachment, the need for continuing the levy, and the probability of success on the merits…