Computer Strategies, Inc. v. Commodore Business Machines, Inc.

Appellate Division of the Supreme Court of New York

Computer Strategies, Inc. v. Commodore Business Machines, Inc.

110 A.D.2d 743, 488 N.Y.S.2d 616, 1985 N.Y. App. Div. LEXIS 48648

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

DecidedApril 15, 1985

StatusPublished

Cited by4 cases

This text of 110 A.D.2d 743 (Computer Strategies, Inc. v. Commodore Business Machines, Inc.) 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

Computer Strategies, Inc. v. Commodore Business Machines, Inc., 110 A.D.2d 743, 488 N.Y.S.2d 616, 1985 N.Y. App. Div. LEXIS 48648 (N.Y. Ct. App. 1985).

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Opinion

The decision and order of this court, both dated December 24, 1984, inter alia, affirmed an order of the Supreme Court, Westchester County, entered October 24, 1983, which vacated an order of attachment. With respect to the order of attachment, this court has considered and rejected appellant-respondent’s argument on appeal that its affidavits established an intent on the part of Computer Strategies, Inc., to “frustrate the enforcement of a judgment that might be rendered” (CPLR 6201 [3]). Further, appellant-respondent failed to demonstrate a probability of success on the merits of the claims asserted in its complaint. In addition, a meritorious counterclaim exists.

The other contentions raised in appellant-respondent’s motion papers have been considered and are likewise without merit. Mollen, P. J., Titone, Bracken and Lawrence, JJ., concur.

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The decision and order of this court, both dated December 24, 1984, inter alia, affirmed an order of the Supreme Court, Westchester County, entered October 24, 1983, which vacated an order of attachment. With respect to the order of attachment, this court has considered and rejected appellant-respondent’s argument on appeal that its affidavits established an intent on the part of Computer Strategies, Inc., to “frustrate the enforcement of a judgment that might be rendered” (CPLR 6201 [3]). Further, appellant-respondent failed to demonstrate a probability of success on the merits of the claims asserted in its complaint. In addition, a meritorious counterclaim exists.

The other contentions raised in appellant-respondent’s motion papers have been considered and are likewise without merit. Mollen, P. J., Titone, Bracken and Lawrence, JJ., concur.

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Bluebook (online)

110 A.D.2d 743, 488 N.Y.S.2d 616, 1985 N.Y. App. Div. LEXIS 48648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/computer-strategies-inc-v-commodore-business-machines-inc-nyappdiv-1985.

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