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

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1985·Published·Cited by 4 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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).

Pincite

110 A.D.2d 743 (Computer Strategies, Inc. v. Commodore Business Machines, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related