Dayon v. Downe Communications, Inc.

Appellate Division of the Supreme Court of New York

Dayon v. Downe Communications, Inc.

41 A.D.2d 611, 340 N.Y.S.2d 589, 1973 N.Y. App. Div. LEXIS 5141

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

DecidedFebruary 13, 1973

StatusPublished

Cited by1 cases

This text of 41 A.D.2d 611 (Dayon v. Downe Communications, 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.

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Dayon v. Downe Communications, Inc., 41 A.D.2d 611, 340 N.Y.S.2d 589, 1973 N.Y. App. Div. LEXIS 5141 (N.Y. Ct. App. 1973).

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Opinion

Two. orders of the Supreme Courts Bronx County* each entered on November 30, 1972, denying motions to vacate, warrárit •of attachment, and. order, of said court eritered on-December 27,.3.9.72, which-denied a motion to renew, unanimously reversed, on-the law arid-.the facts,.and-. ■ the inotiqns granted. ' Appellants shall recover' of respondent $60 costs arid • disbursements of these appeals. -As to the.first four causes of action, pleaded,; the complaint is patently deficient.; In addition, as to these and the.réinaining. causes; of action, plaintiff, when-challenged by the motion to vacate, failed to come forward with' any evidentiary facts to sustain his. conclus'ory allegations. Furthermore^ there is gravé; ddribt as to. whether an- attachment is; needed - to secure .'-plaintiff arid whether the -material. submitted - was- deceptive. • Concur —- Stevens, P. J.,.Nunéz, Kupferm'ári', Steuer and Tilzer, JJ. •

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Two. orders of the Supreme Courts Bronx County* each entered on November 30, 1972, denying motions to vacate, warrárit •of attachment, and. order, of said court eritered on-December 27,.3.9.72, which-denied a motion to renew, unanimously reversed, on-the law arid-.the facts,.and-. ■ the inotiqns granted. ' Appellants shall recover' of respondent $60 costs arid • disbursements of these appeals. -As to the.first four causes of action, pleaded,; the complaint is patently deficient.; In addition, as to these and the.réinaining. causes; of action, plaintiff, when-challenged by the motion to vacate, failed to come forward with' any evidentiary facts to sustain his. conclus'ory allegations. Furthermore^ there is gravé; ddribt as to. whether an- attachment is; needed - to secure .'-plaintiff arid whether the -material. submitted - was- deceptive. • Concur —- Stevens, P. J.,.Nunéz, Kupferm'ári', Steuer and Tilzer, JJ. •

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41 A.D.2d 611, 340 N.Y.S.2d 589, 1973 N.Y. App. Div. LEXIS 5141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dayon-v-downe-communications-inc-nyappdiv-1973.

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