NATIONWIDE MUTUAL INSURANCE COMPANY v. VAAGE

Nos. 66 Civ. 2978, 66 Civ. 3389.

265 F.Supp. 556 (1967)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. Lars VAAGE, Clinton James Lewis, Clinton A. Lewis, Josephine Monaco and Felix N. Monaco, individually, and as parents of Michelle Monaco, an infant of the age of 14 years, Samuel C. Williams and Arthur Williams, John J. McCloskey, Sheriff of the City of New York, William J. Rice, Jr., Sheriff of the County of Albany, George F. Spike, Sheriff of the County of Yates, Nelson A. Rockefeller, Governor and Louis J. Lefkowitz, Attorney General, respectively, of the State of New York, as representatives of the Sheriffs of all other counties in the State of New York, and Henry Root Stern, Jr., Superintendent of Insurance of the State of New York, Defendants. AMERICAN INTERNATIONAL UNDERWRITERS CORPORATION and the Hanover Insurance Co. of New York, Plaintiffs, v. Carl S. VICTOR, Lyon Associates, Inc. and John J. McCloskey, Sheriff of the City of New York, Defendants.

United States District Court S. D. New York.

March 17, 1967.


Attorney(s) appearing for the Case

Dunnington, Bartholow & Miller, by Charles G. Pillon, and William M. Bradner, New York City, for plaintiff Nationwide Mutual Ins. Co.

Lee, Mulderig & Celentano, by Peter J. Malloy, Jr., New York City, for plaintiffs American International Underwriters Corp. and Hanover Ins. Co.

Louis J. Lefkowitz, Atty. Gen. of New York, by Philip Kahaner, Asst. Atty. Gen. (Joel Lewittes, Asst. Atty. Gen., on the brief), for defendants Hon. Nelson A. Rockefeller, Hon. Louis J. Lefkowitz, Hon. Henry R. Stern, Jr.

Sidney Posner, New York City, for defendant John J. McCloskey, Sheriff of the City of New York.

Raymond D. Gage, Geneva, N. Y., for defendants Monaco.

Stanley Lieberman, by Schwartz, Levitt & Sommer, Brooklyn, N. Y. (Arthur Blitz, Brooklyn, N. Y., on the brief), for defendant Vaage.

Gair & Gair, by Herman Schmertz, New York City, for defendant Victor.

Doman, Dunn & Zuckerman, New York City, for amicus curiae American Foreign Insurance Ass'n.

Watters & Donovan, New York City, for amicus curiae American Insurance Association.

Bond, Schoeneck & King, Syracuse, N. Y., for amicus curiae American Mutual Insurance Alliance.

Aranow, Brodsky, Bohlinger, Einhorn & Dann, New York City, for amicus curiae National Association of Independent Insurers.

Before HAYS, Circuit Judge, and TYLER and TENNEY, District Judges.


OPINION

TYLER, District Judge.

This is a motion by plaintiff insurance companies1 (hereinafter sometimes referred to as the "companies") for interlocutory injunctions against attachment and garnishment of the proceeds of insurance policies issued by the companies to certain non-resident policyholders.

Although the companies have their home offices elsewhere, they are qualified to do business in the State of New York....

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