Fox & Abrams, P.C. v. Fraioli

This report seeks review of the denial of a motion to charge the trustee which had answered that it held funds ($9,000) belonging to the defendant debtor.

*65The plaintiff, a law firm, sued to recover $2,649.92 for legal services rendered to the defendant. On the same day the action was commenced, the plaintiff moved, ex parte, and with supporting affidavit, for approval of an attachment by trustee process. Attachment was approved in the sum of three thousand dollars ($3,000). After default by the defendant, the plaintiff sought to charge the trustee upon its answer in the amount of the…