Evyan Perfumes, Inc. v. Hamilton

Motion to vacate order of arrest and cross motion (a) to increase bail and (b) to strike an affidavit are denied.

Where, as here, a motion to vacate an order of arrest is made on affidavits furnished by defendant, the court must £ £ examine the affidavits and * * * dispose of the application according to the just preponderance of proof as contained in them. # * * Where the affidavits are directly contradictory and equally credible, the court should give defendant the benefit of the doubt ”. (Burns v. Newman, 274 App. Div. 301, 302 [1st Dept., 1948].)

The voluminous affidavits and exhibits…