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CONSIDINE v. PICHLER

72 A.D.2d 103 (1979)

Mildred Considine, Individually and as Executrix of Robert B. Considine, Deceased, Plaintiff, v. Edward A. Pichler, as Sheriff of The City of New York, Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1979

Attorney(s) appearing for the Case

George Berger of counsel (David L. Bressman with him on the briefs; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for plaintiff.

Paul L. Weinstein for defendant.

MURPHY, P. J., BIRNS, SANDLER, BLOOM and LANE, JJ., concur.

Per Curiam.

In this action on submitted facts under CPLR 3222, the question presented is whether plaintiff is obligated to pay poundage to the Sheriff pursuant to CPLR 8012 (subd [b], par 3).

The pertinent facts are that plaintiff brought an action for wrongful death and loss of consortium, and obtained quasi in rem jurisdiction against the nonresident defendants by attaching two liability insurance policies...

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