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CENKNER v. SHAFER

61 Misc.2d 807 (1970)

Mark Cenkner, an Infant, by Charles Cenkner, His Father, et al., Plaintiffs, v. Charles Shafer, Defendant.

Supreme Court, Special Term, Herkimer County.

January 13, 1970

Attorney(s) appearing for the Case

Fiesinger & Rose (Edward J. Rose of counsel), for plaintiffs. Fred J. O'Donnell for defendant.

JOHN R. TENNEY, J.

Defendant is a resident of the State of Ohio, and plaintiff's cause of action arose in that State. Plaintiff has acquired in rem jurisdiction over defendant by attaching his interest in an insurance policy. (Seider v. Roth, 17 N.Y.2d 111; Simpson v. Loehmann, 21 N.Y.2d 305.)

Defendant, appearing specially (not necessary under CPLR 6223), moves...

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