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)...
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