Marine Midland Bank v. Zurich Insurance

Sullivan, J. P.,

concurs in a memorandum as follows: In Home Insurance Company’s appeal in a related matter (Marine Midland Bank v Home Ins. Co., 263 AD2d 374 [decided herewith]), this Court affirmed the denial of Home’s motion to dismiss. While I dissented, concluding that dismissal was warranted on the ground that the order of the New Hampshire Insurance Department approving the recapitalization was entitled to full faith and credit, that issue is not before us on this appeal.