Opinion
October 5, 1954.
Present — Peck, P.J., Dore, Breitel, Bastow and Botein, JJ. [See post, p. 948.]
Order unanimously reversed and motion granted to vacate the warrant of attachment and the service of the summons by publication, with $10 costs. The complaint and the submitted affidavits clearly show that plaintiff has failed to establish a cause of action against this defendant. Where it is shown that the plaintiff must ultimately fail, the warrant should be vacated ( Wulfsohn v. Russian Republic, 234 N.Y. 372, 377). Settle order.