Cooke v. Wozen Equities, Inc.

OPINION OF THE COURT

Martin B. Stecher, J.

Plaintiffs move for an order confirming an order of attachment pursuant to CPLR 6211 (b). Defendants cross-move to vacate the ex parte order of another Justice (CPLR 2221 [a] *579[2]) which vacated a default judgment against defendants, thus permitting plaintiffs to serve an amended complaint.

This action arises out of loans made by plaintiffs to defendant Wozen Equities, Inc. (Wozen) totaling $80,000. The loans were allegedly personally guaranteed by defendant Steven T. Wozencraft (Wozencraft). When Wozen failed to repay the loans on demand as required,…