Siegel v. Northern Boulevard & 80th Street Corp.

Eager, J. (dissenting).

The question here is whether the plaintiff is entitled to a recovery, over and above the amount of the filed undertaking, for counsel fees incurred in procuring a vacatur of an attachment. Concededly, on the record here, the recovery is not supportable on. the theory of abuse of process or malicious prosecution. Nevertheless, a recovery, of the counsel fees has been directed on the basis that plaintiff possessed a common-law cause of action under a line of decisions holding that proceedings under a void or irregular attachment amount to a trespass. Inasmuch, however, as…