Legal Opinion

Galbraith v. Yancik

New York Supreme Court

Decided February 22, 1974PublishedCited by 3 opinions

1Opinion of the Court

James H. ¡Boomer, J.

In this action against a nonresident to recover damages for personal injuries received in an out-of-State automobile accident, the plaintiff attempted to obtain jurisdiction by attaching the insurance policy in the State of New York. Service of the summons was made out of the State on the defendant more than 60 days iafter the granting of the order of attachment. No application was made within the 60-day period for an extension of time to serve the summons.

CPLR 6213 clearly states that “An order of attachment granted before an action is commenced is valid only if, ¡within…

2Cases cited4 opinions

  1. Brandow v. Murray & Tregurtha Corp.Appellate Division of the Supreme Court of the State of New York · 1922
  2. Friedman v. PrescettiAppellate Division of the Supreme Court of the State of New York · 1922
  3. Caton v. CatonNew York Supreme Court · 1972
  4. Groom v. JarboeNew York Supreme Court · 1946

3Cited by3 opinions

  1. Fish v. Bamby Bakers, Inc.District Court, N.D. New York · 1977
  2. Maine National Bank v. BakerSupreme Court of New Hampshire · 1976
  3. Tomaszewski v. ClevelandAppellate Division of the Supreme Court of the State of New York · 1981

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