Summary
holding grant of vacatur appropriate because plaintiff failed to establish defendant had an attachable interest in nonparty-movant's brokerage account
Summary of this case from Dafeng Hengwei Textile Co. v. Aceco Indus. & Commercial Corp.Opinion
Argued February 15, 2000
March 23, 2000
In an action, inter alia, to recover damages for fraud and breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Nassau County (Segal, J.), entered July 1, 1999, which granted the motion of Steven J. Eichberg to vacate an order of attachment insofar as it was applied to a certain account in his name with Prudential Securities, Inc.
Deutsch, Coffey Metz, LLP, New York, N.Y. (Herbert I. Deutsch, Vincent R. Coffey, and Christian V. Cangiano of counsel), for appellant.
Friedman Siegelbaum, LLP, New York, N.Y. (James B. Daniels and Tod S. Chasin of counsel), for nonparty-respondent.
DAVID S. RITTER, J.P., SONDRA MILLER, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff failed to adduce sufficient evidence that the defendant Stuart I. Beckoff had an attachable interest in the subject account (see, CPLR 6223[b]; see also,Computer Strategies v. Commodore Business Machines, 105 A.D.2d 167 ). Accordingly, the Supreme Court properly vacated the order of attachment.
The plaintiff's remaining contentions are without merit.
RITTER, J.P., S. MILLER, McGINITY, and FEUERSTEIN, JJ., concur.