Mitchell v. Fidelity Borrowing LLC

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered January 12, 2006, which granted plaintiffs motion for a prejudgment order of attachment pursuant to CPLR 6201 (3), and ordered defendant to either post a bond in the amount of $160,000 or secure said amount in an interest-bearing escrow account, unanimously reversed, on the law, without costs, the motion denied and the order of attachment vacated.

Plaintiff failed to demonstrate in satisfaction of the requirements of CPLR 6201 (3) that defendant, “ha[d] assigned, disposed of, encumbered or secreted property, or removed…