Manufacturers & Traders Trust Co. v. Lowenstein

•— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: On November 5, 1980, plaintiff M & T Bank moved to confirm an order of attachment (pursuant to CPLR 6211, subd [b]) and judgment creditors Lo Tempio moved to vacate the order of attachment (pursuant to CPLR 6223). Special Term granted the motion to confirm, denied the motion, to vacate, and determined that M & T’s order of attachment had priority over Lo Tempios’ execution of judgment. The Lo Tempios have appealed, arguing that the court should have granted their motion to…