New York Court of Appeals, 1982

Tomaszewski v. Cleveland

New York Court of Appeals · Decided January 14, 1982

55 N.Y.2d 852; 447 N.Y.S.2d 707; 432 N.E.2d 601; 1982 N.Y. LEXIS 3062

Cases that cite this one

3 later published cases cite this decision.

Menefee v. Floyd & Beasley Transportation Co. (Appellate Division of the Supreme Court of New York 1984)
Chesley v. Union Carbide Corporation (2d Cir. 1991)
Chesley v. Union Carbide Corp. (2d Cir. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the motion by defendant Martinez to dismiss the complaint denied. We disagree with the holding of the Appellate Division basing its decision as to defendant Martinez on the invalidity of the order and postattachment procedure, issues which have been waived by defendant’s failure to timely raise them. Defendant also waived her objections to quasi in rem jurisdiction by failing to allege this ground in her answer (see Gager v White, 53 NY2d 475, 489).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtleé, Fuchsberg and Meyer.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.