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AL DAYON, Indi v. dually and on Behalf of Master-Craft Electronics Corp., Respondent,

Two orders of the Supreme Court, Bronx County, each entered on November 30, 1972, denying motions to vacate warrant of attachment, and order of said court entered on December 27, 1972, which denied a motion to renew, unanimously reversed, on the law and the facts, and the motions granted. Appellants shall recover of respondent $60 costs and 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 remaining causes of action, plaintiff, when challenged by the motion to vacate, failed to come forward with any evidentiary facts to sustain his conclusory allegations. Furthermore, there is grave doubt as to whether an attachment is needed to secure plaintiff and whether the material submitted was deceptive.

Concur — Stevens, P.J., Nunez, Kupferman, Steuer and Tilzer, JJ.

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AL DAYON v. DOWNE COMMUNICATIONS, INC
(Feb 13, 1973)