McCasland v. McCasland

Kane, J. (dissenting).

Although utilization of in rem and quasi in rem jurisdiction should be carefully scrutinized, “when claims to the property itself are the source of the Underlying controversy between the plaintiff and the defendant, it would be unusual for the State where the property is located not to have jurisdiction” (Shaffer v Heitner, 433 US 186, 207). It is well established that the situs of a shareholder’s interest is where the corporation is organized so as to provide a jurisdictional nexus (Holmes v Camp, 219 NY 359; Oliner v Canadian Pac. Ry. Co., 34 AD2d 310, affd 27 NY2d…