ZACHARAKIS v. BUNKER HILL MUT. INS. CO.


281 A.D. 487 (1953)

James Zacharakis, Doing Business under the Name of White Mountain Hotel, Respondent, v. Bunker Hill Mutual Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 31, 1953.


Attorney(s) appearing for the Case

David A. Ticktin of counsel (Jacob Goodman with him on the brief; Powers Kaplan & Berger, attorneys), for appellant, appearing specially.

Gilbert Goldstein of counsel (Goldstein & Goldstein, attorneys), for respondent.

BREITEL and VAN VOORHIS, JJ., concur with BERGAN, J.; DORE, J. P., dissents and votes to reverse in opinion, in which COHN, J., concurs.


BERGAN, J.

Plaintiff is a resident of New York and in 1951 was the owner of a hotel at Brettonwood, New Hampshire. The defendant Bunker Hill Mutual Insurance Company is a Pennsylvania insurance carrier, incorporated in and a resident of that State. It is not authorized to do business in New York; and the record indicates that it has no office, mailing address, agent or...

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