Waterman-Bic Pen Corp. v. L. E. Waterman Pen Co.

Plaintiff has made a sufficient prima facie showing of fraud on the part of defendants to sustain an attachment, and defendants, in moving to vacate, have failed to demonstrate that plaintiff cannot ultimately succeed (Wulfsohn v. Russian Socialist Federated Soviet Republic, 234 N. Y. 372, 377; Bard-Parker Co. v. Dictograph Prods. Co., 258 App. Div. 638).

Plaintiff, in purchasing the business of the defendants, received express warranties that there would be no changes in accounts receivable and inventory in excess of $150,000 up to the date of takeover. Any deficiency over that amount was to…