MIDDLETOWN PLAZA ASSOCS. v. UNITED SUR. & FIN. GUARANTEE CO.


51 A.D.2d 581 (1976)

Middletown Plaza Associates et al., Appellants, v. United Surety and Financial Guarantee Company, Respondent

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

January 26, 1976


Order reversed, on the law, with $50 costs and disbursements, and motion remanded to Special Term for a hearing and a new determination on the issue of jurisdiction. No fact issues were presented on this appeal.

The resolution of the question of whether the court has jurisdiction stems from whether defendant's agent had actual or apparent authority to issue bonds outside Pennsylvania (Insurance Law, § 59-a, subds 1, 2). Plaintiffs should be given the opportunity...

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