Opinion
October 5, 1990
Appeal from the Supreme Court, Monroe County, Curran, J.
Present — Denman, J.P., Boomer, Pine, Balio and Lawton, JJ.
Order unanimously affirmed without costs. Memorandum: The court did not abuse its discretion in denying plaintiff's motion for an order of attachment pursuant to CPLR 6201 (3). Plaintiff failed to prove defendant's intent to frustrate the enforcement of a judgment (see, Laco X-Ray Sys. v. Fingerhut, 88 A.D.2d 425, lv dismissed 58 N.Y.2d 606; see also, Computer Strategies v Commodore Business Machs., 105 A.D.2d 167, rearg and lv denied 110 A.D.2d 743).