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MATTER OF AMERICAN TRANSIT INSURANCE COMPANY v. HOQUE

45 A.D.3d 329 (2007)

846 N.Y.S.2d 91

In the Matter of AMERICAN TRANSIT INSURANCE COMPANY, Respondent, v. MOHAMMED J. HOQUE, Respondent, and AMERICAN INDEPENDENT INS. CO., Proposed Respondent-Appellant, et al., Proposed Respondent.

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

Decided November 8, 2007.

Appellant demonstrated, without rebuttal, that it is not doing business in New York (CPLR 301), since it is a Pennsylvania company not licensed to do business in New York, it maintains no offices in New York, has no bank accounts here, has no agents operating out of or representatives soliciting business in New York and does not own or possess real property in New York. Nor is appellant transacting business in New York (CPLR 302); that the driver of the offending vehicle...

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