Recon Car Corp. v. Chrysler Corp.

OPINION OF THE COURT

Arthur W. Lonschein, J.

This is an application to justify a surety.

Defendant Chrysler Corporation has taken an appeal from a verdict against it, in favor of Recon Car Corp. of New York, in excess of one million dollars. It has filed an undertaking on appeal (CPLR 5519 [a] [2]) which was executed by the Chrysler Insurance Company, as surety. The plaintiff objected to the identity of the surety.

It is undisputed that Chrysler Insurance Company, while having an independent corporate existence, is a wholly owned subsidiary of the defendant Chrysler Corporation. It is further…