New York Court of Appeals
Rona Seider v. Marie H. Roth, and Andre J. Lemiux
March 24, 196617 N.Y.2d 111
Summary
The New York Court of Appeals affirmed the attachment of the insurer's contractual obligation to defend and indemnify the nonresident defendant, holding that the obligation constitutes a debt within the meaning of CPLR 5201 and 6202 and is therefore attachable. The Court relied on the precedent set in Matter of Riggle and rejected the dissent's view that the obligation is merely a contingent promise. Justice Burke dissented, arguing that the obligation is not a debt and the attachment should be vacated.