Legal Opinion

McCormick v. American Press Publications, Inc.

New York Supreme Court

Decided November 23, 1966Published

1Opinion of the CourtCharles A. Loreto, J.

Plaintiff brought an action in fraud in a Kansas court, using its long-arm statute to obtain jurisdiction over the defendant, a New York resident. The latter chose not to appear or defend. The result was a default judgment.

Upon a summons and complaint in this court seeking to obtain a judgment here on the Kansas judgment, plaintiff obtained a warrant of attachment on defendant’s property.

This defendant now moves to vacate the attachment. The basis asserted by defendant for the vacatur is that the Kansas court did not have jurisdiction over it. But the record indicates that that court made…

2Cases cited3 opinions

  1. In Re the Claim of FlandrowNew York Court of Appeals · 1881
  2. Shipman Coal Co. v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1927
  3. Shipman Coal Company v. Delaware and Hudson CompanyNew York Court of Appeals · 1927

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