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IN RE OUR DISTRIBUTION CO., INC.

Bankruptcy No. 88 B 11563 (TLB), Adv. No. 89-5797-A.

110 B.R. 658 (1990)

In re OUR DISTRIBUTION CO., INC. d/b/a Dee Jay Tobacco, Debtor. Richard E. O'CONNELL, as Trustee in Bankruptcy for Our Distribution Co., Inc., Plaintiff, v. Robert PINCUS and Mona Pincus, Defendants.

United States Bankruptcy Court, S.D. New York.

February 2, 1990.

Attorney(s) appearing for the Case

Yost & O'Connell by Richard E. O'Connell, Flushing, N.Y., for trustee.

Hockert & Flamm by Leonard N. Flamm New York City, for defendant, Robert Pincus.

DECISION ON MOTION TO CONFIRM PREJUDGMENT ATTACHMENT

TINA L. BROZMAN, Bankruptcy Judge:

At issue is the propriety of confirming pursuant to Fed.R.Civ.P. 64, Fed.R. Bankr.P. 7064 and Article 62 of the New York Civil Practice Law and Rules (CPLR) (McKinney 1980 & Supp.1990) an ex parte order of attachment against the property of defendant Robert Pincus (Pincus). The ex parte order is grounded in an affirmation submitted by the trustee of...

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