Cachat v. J. E. Guertin Co.

I would reverse the order of the Supreme Court, Bronx County, entered June 5, 1980, and I would grant appellants’ motion for summary judgment vacating the attachment and dismissing the complaint as against them. While the instant motion was brought under CPLR 3211 (subd [a], par 8), it should be treated as a motion for summary judgment under CPLR 3212 since issue had already been joined in this case prior to the motion. Upon the motion for summary judgment, I would permit appellants to amend their answer to assert the defense under Rush v Savchuk (444 US 320), and I would then grant summary…