Fireman's Fund Insurance v. D'Ambra

VAN GRAAFEILAND, Circuit Judge.

The basic issue on this appeal is whether, upon the lapse of a levy of attachment after ninety days pursuant to New York’s Civil Practice Law & Rules (CPLR) § 6214(e), court approval must be obtained before a second levy under the attachment order can be made upon the same property. Concluding that the district court erred in answering this question in the affirmative, we vacate and remand.

*96Continental Insurance Company, Commercial Insurance Company, and Boston Old Colony Insurance Company appeal from a judgment of the United States District Court for the Eastern…