Banco Frances e Brasileiro S. A. v. John Doe No. 1

Appellate Division of the Supreme Court of New York

Banco Frances e Brasileiro S. A. v. John Doe No. 1

54 A.D.2d 661, 388 N.Y.S.2d 91, 1976 N.Y. App. Div. LEXIS 14188

Appellate Division of the Supreme Court of the State of New York·Decided October 26, 1976·Published

Opinion

Order, Supreme Court, New York County, entered June 28, 1976, granting reargument and thereupon implementing the remittitur of the Court of Appeals (Banco Brasileiro v Doe, 36 NY2d 592), unanimously affirmed, with one bill of $40 costs and disbursements to respondent. The appeal from the order of said court entered on May 3, 1976, is unanimously dismissed, as academic, without costs and without disbursements. Our attachment statute (CPLR art 62) passes constitutional muster (AMF v Algo Distrs., 48 AD2d 352) and the underlying merits of plaintiff’s claim would have been considered had defendants sought a post-attachment hearing, which they did not. We have examined the other points raised hereon and find them lacking in merit. Concur—Kupferman, J. P., Murphy, Lupiano, Lane and Nunez, JJ.

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Order, Supreme Court, New York County, entered June 28, 1976, granting reargument and thereupon implementing the remittitur of the Court of Appeals (Banco Brasileiro v Doe, 36 NY2d 592), unanimously affirmed, with one bill of $40 costs and disbursements to respondent. The appeal from the order of said court entered on May 3, 1976, is unanimously dismissed, as academic, without costs and without disbursements. Our attachment statute (CPLR art 62) passes constitutional muster (AMF v Algo Distrs., 48 AD2d 352) and the underlying merits of plaintiff’s claim would have been considered had defendants sought a post-attachment hearing, which they did not. We have examined the other points raised hereon and find them lacking in merit. Concur—Kupferman, J. P., Murphy, Lupiano, Lane and Nunez, JJ.

Banco Frances e Brasileiro S. A. v. John Doe No. 1, 54 A.D.2d 661, 388 N.Y.S.2d 91, 1976 N.Y. App. Div. LEXIS 14188 (N.Y. Ct. App. 1976).

Pincite

54 A.D.2d 661 (Banco Frances e Brasileiro S. A. v. John Doe No. 1) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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