Legal Opinion
Lynch v. Plesch
New York Supreme Court
Decided October 4, 1957PublishedCited by 4 opinions
1Opinion of the CourtJacob Markowitz, J.
Motion to vacate warrant of attachment and service of summons and complaint is denied. The causes of action are based upon claims for money damages for alleged conversion of property and for false representations in respect of certain of plaintiffs’ property. While plaintiffs may have an equitable action for relief against defendants, they are not required to seek that remedy exclusively. A remedy at law is also available which is not mutually exclusive and the choice is that of plaintiffs (Levin v. Frank, 5 Misc 2d 564; Bank of New York v. New Jersey Title Guar. & Trust Co., 256 App. Div.…
2Cases cited5 opinions
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Bank of New York v. New Jersey Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Zabriskie v. Second National Bank of HamiltonAppellate Division of the Supreme Court of the State of New York · 1923
- Levin v. FrankNew York Supreme Court · 1957
- Pratt v. Commercial Trust Co.New York Supreme Court · 1918
3Cited by4 opinions
- Wm. H. Wise & Co. v. Rand McNally & CompanyDistrict Court, S.D. New York · 1961
- IMG FRAGRANCE BRANDS, LLC v. Houbigant, Inc.District Court, S.D. New York · 2010
- Mirabella v. Banco Industrial de la Republica ArgentinaNew York Supreme Court · 1963
- Lynch v. PleschAppellate Division of the Supreme Court of the State of New York · 1957