Opinion
November, 1928.
Order denying motion to vacate warrant of attachment reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. We are of opinion that the unverified complaint and the affidavit upon which the warrant of attachment was granted are insufficient in that they do not contain proof of facts constituting a prima facie cause of action. Lazansky, P.J., Rich, Hagarty and Carswell, JJ., concur; Kapper, J., dissents.