Legal Opinion
Dillon v. Bialostok
New York County Courts
Decided August 14, 1987PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Allan L. Winick, J.
Plaintiff, claiming authority, moves for an order confirming the ex parte order of attachment granted on January 27, 1987. The defendant opposes the confirmation of the order of attachment.
Upon a motion to confirm, the provisions of CPLR 1329 (2) shall apply (CPLR 1317 [2]). It is incumbent upon the claiming authority to establish the grounds for the attachment, the need for continuing the levy and the probability that he will succeed on the merits. (CPLR 1329 [2].)
In order to establish the grounds for attachment the claiming authority must establish…
2Cases cited5 opinions
- Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
- Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
- Eastman Kodak Co. v. Southern Photo Materials Co.Supreme Court of the United States · 1927
- Morgenthau v. Citisource, Inc.New York Court of Appeals · 1986
- People v. ManuliAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by3 opinions
- Morgenthau v. CliffordNew York Supreme Court · 1992
- Dillon v. Morgan Oil Terminals Corp., New York County Courts1987
- People v. RandCriminal Court of the City of New York · 1989