Caribbean Construction Servs. v. Zurich Ins. Co.

Full title: CARIBBEAN CONSTRUCTION SERVICES ASSOCIATES, INC., Appellant, v. ZURICH…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 6, 1997

244 A.D.2d 156 (N.Y. App. Div. 1997)

665 N.Y.S.2d 266

Opinion

November 6, 1997

Appeal from the Supreme Court, New York County (Walter Schackman, J.).

There is an issue of fact as to whether defendant issued the lien discharge bond, and thus whether it can be held liable on it. The issue of inconvenient forum should not be addressed until it has first been decided that jurisdiction exists (cf., Ehrlich-Bober Co. v. University of Houston, 49 N.Y.2d 574, 579).

Concur — Nardelli, J. P., Mazzarelli, Andrias and Colabella, JJ.