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JARVIK v. MAGIC MOUNTAIN CORPORATION

No. 68 Civ. 395.

290 F.Supp. 998 (1968)

Laurence JARVIK, an infant, by his father and natural guardian, Murray Jarvik and Murray Jarvik, Plaintiffs, v. MAGIC MOUNTAIN CORPORATION, Defendant.

United States District Court S. D. New York.

September 25, 1968.

Attorney(s) appearing for the Case

First & First, New York City, for plaintiffs; Lee B. First, New York City, of counsel.

Thomas J. Walsh, Garden City, N. Y., for defendant; Thomas Grimes, New York City, of counsel.

OPINION

McLEAN, District Judge.

This motion by defendant to dismiss this action for lack of jurisdiction again raises the question considered by Judge Croake in Podolsky v. Devinney, 281 F.Supp. 488 (S.D.N.Y.1968) of the constitutionality of the New York attachment rule announced in Seider v. Roth, 17 N.Y.2d 111, 269 N.Y.S.2d 99, 216 N.E.2d 312 (1966) and reaffirmed in Simpson v. Loehmann...

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