Stern v. Herzmansky — 161 A.D. 917

Majority

p. 917

Joseph W. Stern and Edward B. Marks, Copartners, Doing Business under the Firm Name and Style of Jos. W. Stern & Company, Respondents, v. Bernhard Herzmansky, Appellant.

Headnote

Appeal from an order of the Supreme Court, entered in the office of the clerk of the county of New York on the 11th day of November, 1913, denying a motion to vacate an attachment.

The order appealed from should be modified by reducing the amount stated in the warrant of attachment to $1,500, and as so modified affirmed, without costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. McLaughlin and Scott, JJ., dissented, and voted to reverse the order appealed from and to vacate the attachment, on

p. 918

the ground that it does not appear from the papers that the plaintiffs have a cause of action against the defendant. Order modified as stated in opinion, and as modified affirmed, without costs. Order to be settled on notice.