Opinion
February 2, 2001.
Order, denominated decision and judgment, Supreme Court, New York County (Robert Lippmann, J.), entered on or about July 17, 2000, which denied petitioners customers' application for an attachment in aid of an arbitration they brought against respondent stockbroker, and dismissed the petition, unanimously affirmed, with costs.
Kenneth J. Rubinstein for petitioners-appellants.
Sanford A. Greenberg for respondent-respondent.
Before: Mazzarelli, J.P., Andrias, Wallach, Lerner, Rubin, JJ.
The attachment was properly denied without a hearing, there being no issues of fact raised as to respondent's financial condition and prospects, and no facts adduced to support petitioner's claim that respondent will secrete, dissipate or otherwise squander his assets (cf., County Natwest Secs. Corp. USA v. Jesup, Josephthal Co., 180 A.D.2d 468).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.