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BIENER v. HYSTRON FIBERS

78 A.D.2d 162 (1980)

Hans Biener, Individually and as Administrator of The Estate of Hedwig Biener, Deceased, and as Parent and Natural Guardian of Susanne Biener and Others, Infants, Plaintiffs, v. Hystron Fibers, Inc., Respondent. Hystron Fibers, Inc., Third-Party Plaintiff-Respondent, v. Security Forces, Incorporated, Third-Party Defendant-Appellant Security Forces, Incorporated, Fourth-Party Plaintiff-Appellant, v. Public Administrator of New York County, as Administrator of The Estate of Charles F. Greer, Deceased, Fourth-Party Defendant

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

December 23, 1980

Attorney(s) appearing for the Case

Robert L. Horkitz of counsel (Rein, Mound & Cotton, attorneys), for appellant.

Benjamin Vinar of counsel (Thomas R. Newman with him on the brief; J. Robert Morris and Siff & Newman, P. C., attorneys), for defendant and third-party plaintiff-respondent.

SANDLER, ROSS, MARKEWICH and LUPIANO, JJ., concur.

FEIN, J. P.

In this action for personal injuries and wrongful death, Security Forces, Incorporated (Security) was impleaded as a third-party defendant by defendant Hystron Fibers, Inc. (Hystron). It is undisputed that jurisdiction over Security was obtained by a Seider v Roth (17 N.Y.2d 111) attachment. Challenging the constitutionality of the Seider attachment...

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