Nationwide Ins. Co. v. Tabshey, No. 503466 (Jan. 27, 1992)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION RE: MOTION TO DISMISS This action was brought by the plaintiff to recover payments made to its insured for fire loss. It is brought against the owner of the building and the insured's sublessor in two separate counts grounded in negligence. The sublessor has moved to dismiss on a claim that the plaintiff, being an out-of-state party, has failed to provide a proper bond for prosecution as required by P.B. 51 and G.S. 52-185. In the memorandum filed with the motion the defendants allege that the…