Staff v. Hemingway

Order unanimously modified in accordance with memorandum and as modified affirmed, without costs. Memorandum: Defendant, in an action to determine right to possession of certain paintings, appeals from order of Special Term granting seizure of said chattels on behalf of plaintiff pursuant *710to CPLR 7102. Special Term, was correct in granting said order pendente lite since the pleadings, affidavits and exhibits submitted were sufficient to establish prima facie plaintiff’s superior possessory right to said paintings for the purpose of a CPLR 7102 application. Special Term incorrectly implied)…