DHOOGE BROS., INC. v. MECHO

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.