Order, entered on June 20, 1961, denying defendant Mecho's motion to vacate the warrant of attachment, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to defendant-appellant, and the motion granted. Plaintiff has failed to set forth sufficient facts establishing misrepresentation or fraud on the part of the moving defendant who was not a party to the contract. "Fraud cannot be inferred, it must be proved." ( Anderson v. Malley, 191 App. Div. 573, 575.)
Concur — Botein, P.J., Breitel, Valente, McNally and Eager, JJ.