Brown v. Security Union Title Insurance Co.

Full title: FRANCIS C. BROWN, JR., Appellant, v. SECURITY UNION TITLE INSURANCE…

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

Date published: Apr 13, 1993

192 A.D.2d 386 (N.Y. App. Div. 1993)

596 N.Y.S.2d 52

Opinion

April 13, 1993

Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).

This action arises out of a dispute concerning interests in real property situated in Utah, and title insurance policies issued in Utah. Inasmuch as the action lacks a substantial nexus to this State, and plaintiff has not demonstrated that defendant's presence in the State warrants retention of the action, the IAS Court properly exercised its discretion. There is also no merit to plaintiff's argument that the foreign defendant insurance company was required to post a bond pursuant to Insurance Law § 1213 (c) (1) since by moving to dismiss on forum non conveniens grounds, defendant has not sought to interpose a pleading within the meaning of that statute (see, CPLR 3011).

Concur — Sullivan, J.P., Milonas, Kassal and Rubin, JJ.