Zale Jewelry Co. v. Laine
New York Supreme Court
1Opinion of the CourtVincent A. Lupiano, J.
This is a motion to vacate a warrant of attachment and levy made thereunder. Defendant appears specially and submits no affidavits.
The present motion does not challenge the propriety of the subject matter of the first three causes of action, as the basis for an attachment under the Civil Practice Act, but does question the fourth cause of action in that respect, contending that in fact it is a cause of action in equity; that while asking for a sum of money, plaintiff actually seeks a rescission of its employment contract with the defendant because of fraud in the inducement, and the cause is…
2Cases cited12 opinions
- Lamdin v. Broadway Surface Advertising Corp.New York Court of Appeals · 1936
- Murray v. . BeardNew York Court of Appeals · 1886
- Bernstein v. Van Heyghen Freres Societe AnonymeCourt of Appeals for the Second Circuit · 1947
- United States v. BrownNew York Court of Appeals · 1928
- Brown v. Chaminade Velours, Inc.New York Supreme Court · 1941
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3Cited by2 opinions
- Stines v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Cocoline Chocolate Co. v. Hillside Enterprises, Inc.New York Supreme Court · 1965