Kelly v. Overseas Investors, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Bkeitel, J. P.
The complaint in an action for fraud was dismissed on the ground that plaintiff, the Insurance Commissioner of Pennsylvania, was without capacity in this State to sue on a claim of a Pennsylvania insurance company in liquidation, either as statutory liquidator or as one vested with title to the assets of the company. She appeals. On the appeal, defendants, in addition to asserting plaintiff’s lack of capacity, contend, as they did at Special Term, that the complaint does not allege a cause of action on behalf of plaintiff or the company in liquidation.
The primary issues are…
2Cases cited16 opinions
- Golden v. CervenkaIllinois Supreme Court · 1917
- Martyne v. . American Union Fire Ins. Co.New York Court of Appeals · 1915
- Hurd v. . KellyNew York Court of Appeals · 1879
- Bay Parkway National Bank v. ShalomNew York Court of Appeals · 1936
- Best v. . ThielNew York Court of Appeals · 1879
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stuyvesant Insurance Co. v. Dean Construction Co.District Court, S.D. New York · 1966
- G. C. Murphy Co. v. Reserve InsuranceNew York Court of Appeals · 1981
- Twin City Bank v. MUTUAL FIRE MARINE & INLAND, INS. CO.District Court, S.D. New York · 1986
- Amfesco Industries, Inc. v. GreenblattAppellate Division of the Supreme Court of the State of New York · 1991
- Murphy v. Ambassador Insurance Co.New Jersey Superior Court Appellate Division · 1984
6 more not listed; retrieve them via the Exa API.