Horowitz v. Varga

Defendant, appearing specially, moved to vacate and set aside a warrant of attachment, including the levies, served upon two banks in which funds were deposited in the name of the estate of defendant’s deceased husband, upon the ground that the court lacked jurisdiction because of plaintiff’s failure to serve a copy of the warrant on the ancillary administrator, as required by subdivision 2 of section 917 of the Civil Practice Act. Special Term, in view of the dispute as to whether the funds were owned by defendant, as claimed by plaintiff, or *172by the estate, as claimed by defendant, referred…