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CHRAPA v. JOHNCOX

60 A.D.2d 55 (1977)

John V. Chrapa, Respondent-Appellant, v. James Johncox, Individually and Doing Business as Sunnyside Cycle Center, et al., Defendants, and Alliance Assurance Company Ltd., Appellant-Respondent. (Appeal No. 1) John V. Chrapa, Respondent-Appellant, v. James Johncox, Individually and Doing Business as Sunnyside Cycle Center, et al., Defendants, and Alliance Assurance Company Ltd., et al., Appellants-Respondents. (Appeal No. 2)

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

December 9, 1977

Attorney(s) appearing for the Case

Le Boeuf, Lamb, Leiby & Mac Rae (Sheila H. Marshall and Eric H. Moss of counsel), for appellants-respondents.

Paul William Beltz, P. C. (Russell T. Quinlan of counsel), for respondent-appellant.

HANCOCK, JR., DENMAN and WITMER, JJ., concur.

CARDAMONE, J. P.

The question presented on this appeal is whether a plaintiff who has obtained personal jurisdiction over a nonresident defendant may attach the insurance obligations of the defendant's insurance carrier doing business in New York despite the fact that the insurance policy contains no duty to defend and was not in force at the date of the accident. We believe not.

Alliance Assurance Company...

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