Even though plaintiff submitted checks allegedly signed by Zhong Gui Mo and drawn on his account, which were used to carry out the embezzlement scheme, plaintiff has failed to prove that the checks contained his signature or that he knowingly benefitted from the scheme. Plaintiff failed to demonstrate adequately defendant Zhong Gui Mo's personal involvement in the embezzlement by his wife, defendant bank employee Carol John Mee Lim, of approximately $6 million from plaintiff and its customers. However, removal, assignment or other disposition of property is not a sufficient ground for attachment fraudulent intent must be proven, not simply alleged or inferred, and the facts relied upon to prove it must be fully set forth in the moving affidavits ( Eaton Factors Co. Attachment further requires a demonstration that the defendant has concealed or is about to conceal property with the intent to defraud creditors or to frustrate the enforcement of a judgment (CPLR 6201). Appeals from the earlier decision and order, same court and Justice, both entered August 5, 2003, which, to the extent appealed from, denied plaintiff's motion for a preliminary injunction, information subpoena, restraining notices and expedited discovery, unanimously dismissed, without costs, as academic.Ī preliminary injunction requires a showing of probability of success, danger of irreparable injury in the absence of an injunction, and a balance of the equities in the plaintiff's favor ( Aetna Ins. Order, Supreme Court, New York County (Leland DeGrasse, J.), entered August 14, 2003, which, to the extent appealable, denied plaintiff's motion to renew a prior motion, unanimously reversed, on the law and the facts, without costs, the motion to renew granted, and, upon renewal, the prior denial of plaintiff's underlying motion for injunctive and discovery relief adhered to. Appellate Division of the Supreme Court of the State of New York, First Department. 8 A.D.3d 12 778 N.Y.S.2d 145 2004 NY Slip Op 04270 ABACUS FEDERAL SAVINGS BANK, Appellant,ĬAROL JOHN MEE LIM et al., Defendants, and
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