Opinion
2002-08827.
December 1, 2003.
In a proceeding pursuant to CPLR 6212(e) and 6221 to recover damages for wrongful attachment, Franklin Maisano appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Segal, J.), entered August 30, 2002, as granted the petition to the extent of determining that Franklin Maisano was liable for the damages sustained by the petitioner due to the wrongful attachment of the petitioner's property and referred the matter for a hearing to report on the amount of the petitioner's damages pursuant to CPLR 6212(e).
Deutsch, Coffey Metz, LLP, New York, N.Y. (Herbert I. Deutsch and Vincent R. Coffey of counsel), for appellant.
Budd, Larner, Rosenbaum, Greenberg Sade, P.C., New York, N.Y. (James B. Daniels, and Michael P. Rubas of counsel), for respondent.
Before: SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The appellant contends that he is not liable for any damages sustained by the petitioner due to the wrongful attachment of the petitioner's property because the levy upon the petitioner's brokerage account was the result of the petitioner's culpable conduct in opening the account with another person's social security number. However, an attaching party is strictly liable for all damages resulting from a wrongful attachment, without regard to fault ( see CPLR 6212[e]; McLaughlin, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C6212:8). CPLR 6212(e) recognizes that "attachment is a drastic provisional remedy to be used with care" ( Ford Motor Credit Co. v. Hickey Ford Sales, 62 N.Y.2d 291, 303, quoting 22nd Ann Report of Jud Conf on CPLR, at 256).
The legal expenses incurred by the petitioner to vacate the order of attachment granted in the course of an action to recover damages for fraud commenced by the appellant ( see Maisano v. Beckoff, 270 A.D.2d 399) constitute "damages * * * sustained by reason of the attachment" within the intent and meaning of CPLR 6212(e) ( see Thropp v. Erb, 255 N.Y. 75, 81; cf. Marcella's Appliances Sales Servs. v. General Elec. Credit Corp., 76 A.D.2d 990) . Accordingly, the Supreme Court properly determined that the appellant was liable for the petitioner's damages.
The appellant's argument with respect to certain of the Supreme Court's factual findings does not require reversal.
S. MILLER, J.P., FRIEDMANN, TOWNES and MASTRO, JJ., concur.