From Casetext: Smarter Legal Research

Dayon v. Downe Communications, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1973
41 A.D.2d 611 (N.Y. App. Div. 1973)

Opinion

February 13, 1973


Two orders of the Supreme Court, Bronx County, each entered on November 30, 1972, denying motions to vacate warrant of attachment, and order of said court entered on December 27, 1972, which denied a motion to renew, unanimously reversed, on the law and the facts, and the motions granted. Appellants shall recover of respondent $60 costs and disbursements of these appeals. As to the first four causes of action pleaded, the complaint is patently deficient. In addition, as to these and the remaining causes of action, plaintiff, when challenged by the motion to vacate, failed to come forward with any evidentiary facts to sustain his conclusory allegations. Furthermore, there is grave doubt as to whether an attachment is needed to secure plaintiff and whether the material submitted was deceptive.

Concur — Stevens, P.J., Nunez, Kupferman, Steuer and Tilzer, JJ.


Summaries of

Dayon v. Downe Communications, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1973
41 A.D.2d 611 (N.Y. App. Div. 1973)
Case details for

Dayon v. Downe Communications, Inc.

Case Details

Full title:AL DAYON, Individually and on Behalf of Master-Craft Electronics Corp.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 13, 1973

Citations

41 A.D.2d 611 (N.Y. App. Div. 1973)

Citing Cases

Downe Communications v. Aetna Casualty Surety Co.

There is no triable issue of fact that would preclude summary judgment on the main appeal. In the prior…