Vaage v. Lewis

This appeal brings to the surface another of the difficult ramifications of Seider v. Roth (17 N Y 2d 111), recently adhered to in Simpson v. Loehmann (21 N Y 2d 305). The four opinions in Simpson demonstrate the complexity and dissatisfaction with the Seider v. Roth principle that a plaintiff may obtain in rem jurisdiction over a defendant by attaching the latter’s insurance company’s obligation to defend and indemnify. The order under review denied the defendants’ motion inter alla to vacate the attachment.

The facts are undisputed. Unlike Seider and Simpson, the plaintiff in this appeal is…