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CORN EXCH. BANK TRUST CO. v. PASTORE

204 Misc. 926 (1953)

Corn Exchange Bank Trust Company, Plaintiff, v. Emerlina Pastore et al., Defendants.

City Court of the City of New York, Special Term, New York County.

January 14, 1953.

Attorney(s) appearing for the Case

Irving M. Berry for defendants.

John J. Sullivan for plaintiff.

McGIVERN, J.

The defendants move to vacate a warrant of attachment upon the ground that the complaint contains two causes of action, to one of which the provisional remedy of attachment is not appropriate.

The first count of the complaint states a cause of action upon an implied contract and with sufficient facts to warrant the inference that the defendants have "been guilty of a fraud in * * * incurring...

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