Marcella's Appliances Sales & Services, Inc. v. General Electric Credit Corp.

Appeal from an order of the Supreme Court at Special Term, entered February 15, 1979 in Schenectady County, which, inter alia, granted defendant’s motion to dismiss the complaint. Plaintiffs attempt to recover damages allegedly caused by a wrongful attachment granted during the course of a replevin action commenced by defendant must be rejected. Although it was decided that defendant was not entitled to an attachment in that action, the damages allegedly sustained by plaintiff were not proximately caused "by reason of the attachment” (CPLR 6212, subd [e]) since the court had ordered that the…