David S. Stern Corp. v. Silverman

Plaintiff attempted to obtain jurisdiction of the defendants by service of a summons personally without the State after making an alleged levy under a warrant of attachment on goods within the State. Defendants moved to set aside the service on the ground that the goods levied on were not the property of the defendants. The issue of fact concerning the ownership of these goods was sent to a referee, who found that they were the property of a third person. Based on that finding the Special Term vacated service.

The- appellant contends that there is no authority for this procedure, but that the…