Raphael v. Gibson
This text of 65 A.D.2d 553 (Raphael v. Gibson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County, [554]*554entered March 15, 1978, which (1) granted the defendants’ motion to (a) vacate an order of attachment and (b) dismiss the complaint, inter alia, for lack of quasi in rem jurisdiction, and (2) denied the plaintiffs motion to strike the defendants’ first affirmative defense of lack of jurisdiction. Order affirmed, with $50 costs and disbursements. The plaintiffs failure to serve a summons on the defendants within 60 days of the issuance of the order of attachment renders the order of attachment null and void (see CPLR 6213). Hopkins, J. P., Martuscello, Rabin and Margett, JJ., concur!
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Cite This Page — Counsel Stack
65 A.D.2d 553, 409 N.Y.S.2d 18, 1978 N.Y. App. Div. LEXIS 13183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raphael-v-gibson-nyappdiv-1978.