Legal Opinion

Pesia Pam Shisgal v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 2004PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Louis York, J.), entered on or about July 25, 2003, which, inter alia, denied plaintiffs’ motion for an order of attachment pursuant to CPLR 6201 (3), unanimously affirmed, with costs.

Plaintiffs, having failed sufficiently to demonstrate that defendants had disposed of or secreted assets with intent to defraud their creditors, were not entitled to an order of attachment. Affidavits raising mere suspicions of an intent to defraud are not a sufficient ground for the sought relief (see Rosenthal v. Rochester Button Co., 148 AD2d 375, 376 [1989]). The denial…

2Cases cited2 opinions

  1. Societe Generale Alsacienne De Banque, Zurich v. Flemingdon Development Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  2. Rosenthal v. Rochester Button Co.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by7 opinions

  1. Waltzer v. Tradescape & Co., LLCAppellate Division of the Supreme Court of the State of New York · 2006
  2. Grafstein v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2012
  3. Hume v. 1 Prospect Park ALF, LLCAppellate Division of the Supreme Court of the State of New York · 2016
  4. Heller v. Frota Oceanica E Amazonica, S.A.Appellate Division of the Supreme Court of the State of New York · 2011
  5. J.S.I.K. Intl. LLC v. SchusterAppellate Division of the Supreme Court of the State of New York · 2024

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