Caribbean Construction Services & Associates, Inc. v. Zurich Insurance

Appellate Division of the Supreme Court of New York

Caribbean Construction Services & Associates, Inc. v. Zurich Insurance

244 A.D.2d 156, 665 N.Y.S.2d 266, 1997 N.Y. App. Div. LEXIS 11079

Appellate Division of the Supreme Court of the State of New York·Decided November 6, 1997·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Walter Schackman, J.), entered August 8, 1996, which denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

There is an issue of fact as to whether defendant issued the lien discharge bond, and thus whether it can be held liable on it. The issue of inconvenient forum should not be addressed until it has first been decided that jurisdiction exists (cf., Ehrlich-Bober & Co. v University of Houston, 49 NY2d 574, 579). Concur—Nardelli, J. P., Mazzarelli, Andrias and Colabella, JJ.

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—Order, Supreme Court, New York County (Walter Schackman, J.), entered August 8, 1996, which denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

There is an issue of fact as to whether defendant issued the lien discharge bond, and thus whether it can be held liable on it. The issue of inconvenient forum should not be addressed until it has first been decided that jurisdiction exists (cf., Ehrlich-Bober & Co. v University of Houston, 49 NY2d 574, 579). Concur—Nardelli, J. P., Mazzarelli, Andrias and Colabella, JJ.

Caribbean Construction Services & Associates, Inc. v. Zurich Insurance, 244 A.D.2d 156, 665 N.Y.S.2d 266, 1997 N.Y. App. Div. LEXIS 11079 (N.Y. Ct. App. 1997).

Pincite

244 A.D.2d 156 (Caribbean Construction Services & Associates, Inc. v. Zurich Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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