Burns v. Valenza

Appellate Division of the Supreme Court of New York

Burns v. Valenza

136 A.D.2d 483, 523 N.Y.S.2d 412, 1988 N.Y. App. Div. LEXIS 7883

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 14, 1988

StatusPublished

This text of 136 A.D.2d 483 (Burns v. Valenza) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. Valenza, 136 A.D.2d 483, 523 N.Y.S.2d 412, 1988 N.Y. App. Div. LEXIS 7883 (N.Y. Ct. App. 1988).

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Opinion

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about June 24, 1987, which, inter alia, granted plaintiffs motion for an attachment in the amount of $158,211.34, unanimously modified, on the law, to the extent of reducing the amount of the attachment to $49,789 and, as so modified, the order is otherwise affirmed, without costs. Defendant’s appeal from the order of the same court, entered on or about August 12, 1987, denying reargument, is dismissed, without costs, as having been taken from an unappealable order.

While plaintiff is clearly entitled to an attachment in light of defendant’s strong familial ties to Norway and the likelihood that the attached funds would be transferred there, there is a question of plaintiff’s possibility of success on his claims to the extent that they exceed $49,789, which latter amount is based upon specific documentary evidence. Concur —Kupferman, J. P., Asch, Milonas, Rosenberger and Ellerin, JJ.

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—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about June 24, 1987, which, inter alia, granted plaintiffs motion for an attachment in the amount of $158,211.34, unanimously modified, on the law, to the extent of reducing the amount of the attachment to $49,789 and, as so modified, the order is otherwise affirmed, without costs. Defendant’s appeal from the order of the same court, entered on or about August 12, 1987, denying reargument, is dismissed, without costs, as having been taken from an unappealable order.

While plaintiff is clearly entitled to an attachment in light of defendant’s strong familial ties to Norway and the likelihood that the attached funds would be transferred there, there is a question of plaintiff’s possibility of success on his claims to the extent that they exceed $49,789, which latter amount is based upon specific documentary evidence. Concur —Kupferman, J. P., Asch, Milonas, Rosenberger and Ellerin, JJ.

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Bluebook (online)

136 A.D.2d 483, 523 N.Y.S.2d 412, 1988 N.Y. App. Div. LEXIS 7883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-valenza-nyappdiv-1988.