Legal Opinion

Considine v. Pichler

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1979PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

In this action on submitted facts under CPLR 3222, the question presented is whether plaintiff is obligated to pay poundage to the Sheriff pursuant to CPLR 8012 (subd [b], par 3).

The pertinent facts are that plaintiff brought an action for wrongful death and loss of consortium, and obtained quasi in rem jurisdiction against the nonresident defendants by attach*104ing two liability insurance policies pursuant to Seider v Roth (17 NY2d 111). The Sheriff executed the levy by serving the orders of attachment upon the two insurance companies (see Downe Communications v Aetna Cas. &…

3Cases cited8 opinions

  1. Seider v. RothNew York Court of Appeals · 1966
  2. Simpson v. LoehmannNew York Court of Appeals · 1967
  3. Simpson v. LoehmannNew York Court of Appeals · 1968
  4. Jewelry Realty Corp. v. Newport Associates, Inc.Civil Court of the City of New York · 1970
  5. Gazerwitz v. AdrianNew York Supreme Court · 1968

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4Cited by2 opinions

  1. XL Specialty Insurance Co. v. LakianDistrict Court, S.D. New York · 2017
  2. Cabrera v. HirthAppellate Division of the Supreme Court of the State of New York · 2011

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