Heller v. E. D. Sassoon Banking Co.

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. Present — Peck, P. J., Dore, Breitel, Bastow and Botein, JJ. [See post, p. 948.]