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  5. 18 N.Y.2d 622 (1966)
 

KELLY v. OVERSEAS INVESTORS, INC.

18 N.Y.2d 622 (1966)

Audrey R. Kelly, as Insurance Commissioner of the Commonwealth of Pennsylvania and, as Such, Statutory Liquidator of Empire Mutual Insurance Company (Dissolved), Respondent, v. Overseas Investors, Inc., et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Lawrence M. McKenna, Joseph J. Ackell, John A. Sullivan, William S. Busch and Burton K. Katkin for appellants.

Richard Rodwin, Harry Rodwin and Jacques B. Gelin for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and George D. Zuckerman of counsel), for Superintendent of Insurance of the State of New York, amicus curiæ.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and KEATING concur in Per Curiam opinion; Judge BERGAN dissents and votes to affirm on the opinion of the Appellate Division.

Per Curiam.

We agree with the Appellate Division, for the reasons stated by it, that the plaintiff has capacity to sue. However, the complaint fails to allege a valid cause of action and must be dismissed. Under the law of Pennsylvania, which is unquestionably applicable, the liquidator of a defunct insurance company may not sue to recover for damages resulting from fraudulent misrepresentations of the corporation...

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