Galtrof v. Levy

Where, as at bar, the motion to vacate the warrant of attachment is based on the original papers upon which the warrant was granted, the truth of all the facts must be assumed; whether plaintiff will ultimately succeed is not the question. ( United States v. Brown, 247 N. Y. 211, 217.)

The action is brought to recover moneys bet on horse races by plaintiff with defendant, a “ professional gambler.”

In the brief submitted herein on behalf of the movant, the sole reason given for the motion is, that the action set forth in the complaint does not come within any of the provisions of section 902 of…