Legal Opinion
Empire Mutual Insurance v. International Tram-Po-Line Manufacturers Inc.
New York Supreme Court
Decided June 7, 1963Published
1Opinion of the CourtDaniel G. Albert, J.
The question presented on this motion is Avhether an unauthorized foreign insurance company may maintain a declaratory judgment action in this State where it failed to file a certificate of authority to transact business hero Avith the Secretary of State (General Corporation Law, § 210). The issue is raised by motion of the defendant, Murphy, to dismiss the complaint on the ground that the action is not maintained under section 218 of the General Corporation Luav.
The plaintiff is a Pennsylvania insurance company which is not licensed to transact business in Nbav York. On August 14, 1960, the…
2Cases cited8 opinions
- William L. Bonnell Co. v. KatzNew York Supreme Court · 1960
- Angldile Computing Scale Co. v. GladstoneAppellate Division of the Supreme Court of the State of New York · 1914
- B. & R. Excess Corp. v. ThacherNew York Supreme Court · 1962
- Jackson v. National Grange Mutual Liability Co.New York Court of Appeals · 1949
- Acorn Brass Manufacturing Co. v. RutenbergAppellate Division of the Supreme Court of the State of New York · 1911
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