Legal Opinion

Biener v. Hystron Fibers, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1980PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Fein, J. P.

In this action for personal injuries and wrongful death, Security Forces, Incorporated (Security) was impleaded as a third-party defendant by defendant Hystron Fibers, Inc. (Hystron). It is undisputed that jurisdiction over Security was obtained by a Seider v Roth (17 NY2d 111) attachment. Challenging the constitutionality of the Seider attachment, the third-party defendant, in its answer, asserted the affirmative defense of lack of subject matter and personal jurisdiction as well as in rem or quasi in rem jurisdiction. It also purported to implead, as…

2Cases cited17 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Rush v. SavchukSupreme Court of the United States · 1980
  3. Seider v. RothNew York Court of Appeals · 1966
  4. Gilbert v. BurnstineNew York Court of Appeals · 1931
  5. Stevenson v. News Syndicate Co.New York Court of Appeals · 1950

12 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. The General Contracting & Trading Co., LLC v. Interpole, Inc. v. Transamerican Steamship Corporation, Third-PartyCourt of Appeals for the First Circuit · 1991
  2. Koninklijke Philips Electronics v. Digital Works, Inc.District Court, S.D. New York · 2005
  3. Ianielli v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
  4. In re Parkside Ltd. Liability Co.Appellate Division of the Supreme Court of the State of New York · 2002
  5. Kalman v. NeumanAppellate Division of the Supreme Court of the State of New York · 1981

21 more not listed; retrieve them via the Exa API.

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