Legal Opinion

A. K. Electric Corp. v. Coleman Cable & Wire Co.

New York Supreme Court

Decided June 28, 1963PublishedCited by 1 opinion

1Opinion of the CourtBenjamin Brenner, J.

This is an action for goods sold in which the defendant moves to vacate for legal insufficiency a warrant of attachment and to set aside the service of process thereafter effected upon the basis of the levy issued. Defendant contends that the papers upon which the warrant was granted were jurisdictionally defective in that plaintiff (1) failed to disclose that defendant had a counterclaim against it and (2) failed to submit sufficient evidentiary proof of its assertion that defendant was a foreign corporation (Civ. Prac. Act, § 903).

The warrant was obtained upon a verified complaint and an…

2Cases cited5 opinions

  1. Bard-Parker Co. v. Dictograph Products Co.Appellate Division of the Supreme Court of the State of New York · 1940
  2. Stiner v. Tennessee Copper Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. Bloom v. Wrought Iron Novelty Corp.Appellate Terms of the Supreme Court of New York · 1926
  4. Gratz v. M. M. Graves Co.Appellate Division of the Supreme Court of the State of New York · 1922
  5. State Realty Co. v. BenderskyAppellate Division of the Supreme Court of the State of New York · 1923

3Cited by1 opinion

  1. Bank of China, New York Branch v. NBM LLCDistrict Court, S.D. New York · 2002

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