John J. Foley v. Mary E. Roche Et Al‪.‬

Defendants appeal from the order of Special Term to the extent that the court conditioned dismissal of the complaint for lack of jurisdiction and vacatur of the attachment upon defendants agreeing to accept service of process in an action to be commenced in New Jersey and waiving Statute of Limitations as a defense, except to the extent available as a defense in this action. The suit was instituted upon an order attaching the contractual obligation of defendants insurer to defend and indemnify under a policy of automobile liability insurance issued by Continental Insurance Company. Special Term found that such attachment, procured on authority of Seider v Roth (17 N.Y.2d 111), was invalid in view of the recent United States Supreme Court opinion in Shaffer v Heitner (433 U.S. 186), which held applicable to all assertions of jurisdiction the minimum contacts test of International Shoe Co. v Washington (326 U.S. 310).