Which of the following is a recognized ground for attachment?

• A. The defendant is a nondomiciliary residing outside the state
• B. The defendant resides in state and cannot be personally served despite diligent efforts
• C. The defendant is a domestic corporation not qualified to do business in the state
• D. The plaintiff's claim is not for money

Answer: (A)

Attachment in New York is a provisional remedy that lets a plaintiff seize the defendant’s assets in the state to secure a potential judgment on a money claim. A recognized basis for obtaining attachment is when the defendant is not a resident of the state or is a nondomiciliary residing outside the state. If the defendant doesn’t have domicile in New York and is outside the state, the court can grant an attachment to reach assets in New York and protect the plaintiff’s eventual recovery.

This is why the option describing a nondomiciliary residing outside the state is the correct ground. The other situations don’t fit as attachment grounds: simply being in the state but not being successfully served does not by itself create an attachment right; a domestic corporation not qualified to do business in the state raises qualification issues but isn’t, by itself, a recognized attachment ground; and attachments are limited to money claims, so a non-money claim cannot be secured by attachment.