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RANZ v. SPOSATO

106 Misc.2d 156 (1980)

Lois Ranz, as Administratrix of The Estate of Arthur Ranz, Deceased, et al., Plaintiffs, v. Louis Sposato, Jr., et al., Defendants.

Supreme Court, Trial Term, New York County.

April 21, 1980

Attorney(s) appearing for the Case

Asarch & Altomerianos for plaintiffs. Thomas J. Flood for defendants.

SHANLEY N. EGETH, J.

In this action in which quasi in rem jurisdiction is based on a Seider v Roth (17 N.Y.2d 111) attachment, defendant moves to dismiss the action upon the grounds that this court never attained jurisdiction, based upon Rush v Savchuk (444 U.S. 320).

CPLR 3211 (subd [e]) provides that a defendant must raise a claim of lack of jurisdiction pursuant...

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