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Legal Opinion

Simkins v. Gruenspan

New York Supreme Court

Decided January 6, 1983PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Ira Gammerman, J.

All defendants except Bank Hapoalim, B.M., move pursuant to CPLR 6223 to vacate an order of attachment previously obtained, based on the failure of the plaintiff to serve a summons on these individual defendants within 60 days as required by CPLR 6213. Plaintiff opposes the motion maintaining that the individual defendants have appeared thereby waiving the necessity of that service.

All of the individual parties are citizens and residents of Venezuela. Together they established an escrow account at Bank Hapoalim’s Cayman Island branch apparently for the…

2Cases cited7 opinions

  1. Farmer v. National Life Ass'n of HartfordNew York Court of Appeals · 1893
  2. McGowan v. BellangerAppellate Division of the Supreme Court of the State of New York · 1969
  3. Rockwell v. United States Fidelity & Guaranty Co.District Court, M.D. Pennsylvania · 1955
  4. Wurtenberger v. Cunard Line LimitedDistrict Court, S.D. New York · 1974
  5. Capehart Corp. v. Shanghai Commercial Bank, Ltd.Appellate Division of the Supreme Court of the State of New York · 1975

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3Cited by6 opinions

  1. Crossland Savings, FSB v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1995
  2. Quinn v. Booth Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1997
  3. 16 Lincoln Square Associates v. Amrep Corp.Civil Court of the City of New York · 1985
  4. Kimmel v. StateNew York Supreme Court · 1997
  5. Nam Jin Chung v. M&S DeliAppellate Division of the Supreme Court of the State of New York · 1998

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

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