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SIMPSON v. LOEHMANN

21 N.Y.2d 305 (1967)

William Simpson, as Father and Natural Guardian of Michael Simpson, an Infant, et al., Respondents, v. Fred Loehmann, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1967.

Attorney(s) appearing for the Case

William F. McNulty and Daniel J. Coughlin for appellant.

Paul A. Crouch and Robert Hill Nix for respondents.

Opinion by Chief Judge FULD. All concur, Judge KEATING in an opinion and Judge BREITEL in a separate opinion in which Judge BERGAN concurs, except Judge BURKE who dissents and votes to reverse in an opinion in which Judge SCILEPPI concurs.

Chief Judge FULD.

On this appeal, the defendant asks us to reconsider our recent decision in Seider v. Roth (17 N.Y.2d 111) that the contractual rights of an insured under a policy of liability insurance constitute a "debt" which is subject to attachment.

On August 13, 1964, the infant plaintiff, a resident of New York...

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