Centurifico Delveneto (USA) Ltd. v. Switzerland General Insurance

Order, Supreme Court, New York County (Shirley Finger-hood, J.), dated January 4, 1991, which denied defendant’s motion to justify surety, and granted plaintiff’s cross motion to strike defendant’s answer, unanimously affirmed, with costs.

Not only are defendant and its proposed surety alien carriers unauthorized to do business in the State of New York (Insurance Law § 107 [a] [5], [10]), their assets are inextricably entwined as subsidiaries of the same foreign parent company, making the proposed surety unacceptable (CPLR 2501, 2502 [a]; cf., Nichols v MacLean, 98 NY 458). Moreover, defendant…