Carey v. Sugar, 425 U.S. 73 (1976)

Carey v. Sugar

No. 74-858

Argued January 20, 1976
Decided March 24, 1976 *
425 U.S. 73

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Where it is unclear whether the New York State courts will construe a New York prejudgment attachment statute so as to remove any federal constitutional problems, it is improper for a three-judge District Court to address the question of the statute’s constitutionality or to interfere with its enforcement. The judgment declaring the statute unconstitutional and enjoining its enforcement is therefore vacated and the cases are remanded to the District Court with directions to abstain from a decision of the federal constitutional issues until the parties have had an opportunity to obtain a construction of the New York law from the New York state courts.

383 F.Supp. 643, vacated and remanded.