17 N.Y.2d 111 (1966)

Rona Seider et al., Respondents, v. Marie H. Roth, Defendant, and Andre J. Lemiux, Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1966.

Attorney(s) appearing for the Case

Thomas Grimes, Thomas J. Walsh and Robert J. Mettalia for appellant.

Norman H. Dachs for respondents.

Judges FULD, VAN VOORHIS and KEATING concur with Chief Judge DESMOND; Judge BURKE dissents in an opinion in which Judges SCILEPPI and BERGAN concur.

Chief Judge DESMOND.

This appeal, taken by leave of the Appellate Division, brings us a question new to this court — in a personal injury action against a nonresident defendant, is defendant's liability insurer's contractual obligation to defend and indemnify defendant a "debt" owing to defendant and as such subject to attachment under CPLR 6202? Both courts below answered that question in the affirmative...


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