Rockfall Apartments v. Posner
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Rockfall Apartments against Jacob D..Posner." From an order vacating an attachment, plaintiff appeals.
1Opinion of the CourtPage, J.
If this action had been brought to foreclose the lien upon the chattels, and the moving papers alleged default after demand and that the property was iñ possession of the defendant, a warrant of attachment could have issued without the statement of the other grounds of attachment required by section 636 of the Code of Civil Procedure. . See Lien Law (Consol. Laws, c. 33) § 206; Coiro v. Baron, 158 App. Div. 591, 143 N. Y. Supp. 853. The action was brought to recover the debt, and not to foreclose upon the security, and the allegations as to the defendant being about to remove his property…
2Cases cited1 opinion
- Coiro v. BaronAppellate Division of the Supreme Court of the State of New York · 1913