Donawitz v. Danek

In a medical malpractice action, defendant Dudley F. Hawkes appeals from an order of the Supreme Court, *680Nassau County, dated November 18, 1975, which granted plaintiffs’ motion to direct the attachment of appellant’s liability insurer’s contractual obligation to defend and indemnify him. Order affirmed, with $50 costs and disbursements. This court is again faced with but another outgrowth of the Seider v Roth (17 NY2d 111)—Simpson v Loehmann (21 NY2d 305) principle which permits a plaintiff to obtain in rem jurisdiction over a defendant by attachment of the latter’s liability insurer’s…