Amoco Overseas Oil Co. v. Compagnie Nationale Algerienne de Navigation

I concur in Judge Gurfein’s carefully considered and well reasoned opinion except for that part of Section I which would revive the court’s quasi in rem jurisdiction by construing N.Y.C.P.L.R. § 6214(e) to permit a nunc pro tunc extension of a levy that had become void because of failure to take custody of the funds in the Poten account. The court normally loses jurisdiction when it loses control over the res. In my view *657the retroactive resurrection of lost jurisdiction through a nunc pro tunc fiction would nullify the purpose and effect of § 6214(e)’s ninety-day provision.

However, I am…