Dinnerstein v. Max's Gas Station, Inc.

Judgment and order unanimously reversed upon the law and a new trial granted, with thirty dollars costs to plaintiff to abide the event.

This is an action to recover on a statutory undertaking damages sustained by plaintiff by reason of an attachment. Plaintiff seeks to recover counsel fees expended for all legal services subsequent to the levy of the attachment. In the action in which the attachment was issued the defendant therein was served by personal service of the summons. The attachment which was levied was not the basis of the court’s, jurisdiction either over the person of the…