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Michaels Electrical Supply Corp. v. Trott Electric, Inc.
Citations: 231 A.D.2d 695; 647 N.Y.S.2d 839; 1996 N.Y. App. Div. LEXIS 9732
Court: Appellate Division of the Supreme Court of the State of New York; September 30, 1996; New York; State Appellate Court
In a legal action for breach of contract, the plaintiff appealed a Supreme Court (Nassau County) order that denied its request for an attachment of the residence of defendant Jeffrey Trott. The appellate court affirmed the lower court's order, stating that the denial was correct. The court emphasized that attachment is a provisional remedy intended to secure a debt by temporarily levying the debtor's property, and it is applied strictly due to its harsh nature and divergence from common law principles. The plaintiff could not justify piercing the corporate veil to access the personal assets of the individual defendant and his wife to secure a debt allegedly owed by a corporate entity. The court referenced multiple precedents to support this conclusion. Additionally, the plaintiff failed to show that the defendants had engaged in fraudulent conduct to evade creditors, which would have warranted attachment. The court also noted that the plaintiff did not demonstrate a likelihood of success on its claims under Lien Law article 3-A. The remaining arguments presented by the plaintiff were deemed meritless.