Simon v. Kugler Syndicate — 68 N.Y.S. 1130

Majority

p. 1128

SIMON v. KUGLER SYNDICATE.

(City Court of New York, General Term.

February 28, 1901.)

Headnote

Attachment—Motion to Vacate.

An affidavit that plaintiff, on certain representations made to him by defendant’s treasurer, subsequently ascertained to be untrue, had been induced to part with the sum of $700, is sufficient to sustain an attachment against an unsupported motion to vacate the same.

Appeal from special term.

Attachment by Joseph T. Simon against the Kugler Syndicate. From an order of the special term denying a motion to vacate the warrant, defendant appeals.

Affirmed.

p. 1129

Argued before FITZSIMONS, C. J., and OONIAN and O’DWYER, JJ.

Lamb, Osborne & Petty, for appellant.

Louis Levy, for respondent.

The sole ground for asking that the attachment be vacated was the insufficiency of the affidavit upon which the same was granted. The plaintiff* upon certain representations made to him by the defendant’s treasurer, had been induced to part with the sum of $700, and these representations were subsequently ascertained to be untrue, as it is alleged. The defendant does not deny a single allegation, or present any affidavit whatever in support of its motion to vacate, and we are, therefore, to decide the question upon the. plaintiff’s statement of the case. We think the allegations were entirely sufficient, and that a cause of action is shown in favor of the plaintiff and against the defendant; and, there being no other question before us for consideration, it follows that the order appealed from should be affirmed, with costs. All concur.