Woodward v. Cinerama, Inc.

Motion to vacate a warrant of attachment is granted.

As a condition precedent to the obtention of a warrant the plaintiff was obliged to state facts to show that defendant ‘1 has removed or is about to remove property from the state with *480intent to defraud * * * its creditors, or has assigned, disposed of or secreted, or is about to assign, dispose of or secrete property with the like intent ” (Civ. Prac. Act, § 903, subd. 3). [Italics supplied.] Here, according to the affidavit of the plaintiff submitted in support of the warrant, the defendant notified the plaintiff on June 1, 1961 of its…