MIDDLETOWN PLAZA v. US & FG


81 Misc.2d 66 (1975)

Middletown Plaza Associates et al., Plaintiffs, v. United Surety & Financial Guarantee Co., Defendant.

Supreme Court, Orange County.

March 13, 1975


Attorney(s) appearing for the Case

Levine & Levine for plaintiffs. Jarvis, Pilz, Buckley & Treacy (Eugene Schaffel of counsel), for defendant.


EDWARD M. O'GORMAN, J.

This is an action to recover upon a performance bond and a labor and material bond issued by the defendant. The action was commenced by service upon the Superintendent of Insurance pursuant to section 59-a of the Insurance Law. The defendant, a Pennsylvania corporation, has moved to dismiss the complaint on the ground that the court did not have jurisdiction over the defendant, and on the...

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