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ORLY GENGER, ETC., plf-res, v. DALIA GENGER, def-ap, SAGI GENGER def

4461-4462N. ORLY GENGER, ETC., plf-res, v. DALIA GENGER, def-ap, SAGI GENGER def — Pedowitz & Meister, LLP, New York (Robert A. Meister of counsel), for ap — Kasowitz Benson Torres LLP, New York (Michael P. Bowen of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about September 12, 2016, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion to attach the assets of defendant Dalia Genger (Dalia), unanimously reversed, on the law and the facts, with costs, and the motion denied.

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4461-4462N. ORLY GENGER, ETC., plf-res, v. DALIA GENGER, def-ap, SAGI GENGER def — Pedowitz & Meister, LLP, New York (Robert A. Meister of counsel), for ap — Kasowitz Benson Torres LLP, New York (Michael P. Bowen of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about September 12, 2016, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion to attach the assets of defendant Dalia Genger (Dalia), unanimously reversed, on the law and the facts, with costs, and the motion denied.

To obtain an order of attachment, a plaintiff must “show, by affidavit and such other written evidence as may be submitted, … that it is probable that the plaintiff will succeed on the merits” (CPLR 6212[a]). The only claim in this action that seeks a money judgment against Dalia (see CPLR 6201) is the fourth, for fraud.

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