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Attachment may be granted when the defendant; with intent to defraud his creditors or frustrate the enforcement of the judgment that might be rendered in plaintiff's favor has assigned, disposed of, or removed it from the state or is about to do any of these facts.
REASONING:
The reason attachment is permitted to be granted is because the first time that Richard's father removed funds from his son's account without an authorized purpose, the latter became his creditor within the meaning of the CPLR 6201(3)...
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A creditor is defined as a person buying, whether matured or unmatured, liquidated or unliquidated, absolute, fixed or contingent.
HOLDING:
The Supreme Court, Appellate Division, First Department, reversed the decision of The Supreme Court, Bronx County. It was reversed on the law and the facts with cost and disbursements, the motion to confirm the attachment was granted and the attachment was reinstated...
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