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Susi Contracting Co. v. Hartford Accident & Indemnity Co.

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 255 (N.Y. App. Div. 1991)

Opinion

April 11, 1991

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


Hartford's attempt to serve notice of its Connecticut interpleader action upon Susi by serving a Connecticut attorney, whom it believed represented Susi, was inadequate under applicable Connecticut law, and the apparently unauthorized appearance of that Connecticut attorney for Susi did not confer jurisdiction of the Connecticut court over it (see, Amusement Sec. Corp. v. Academy Pictures Distrib. Corp., 251 App. Div. 227). As it is clear from the record that the Connecticut court did not obtain jurisdiction over Susi, the Connecticut judgment was properly denied full faith and credit as against Susi (see, Pennoyer v. Neff, 95 U.S. 714; see also, Gladding Corp. v Balco-Pedrick Parts Corp., 76 A.D.2d 1). Additionally, Hartford has failed to offer any competent evidence that its liability pursuant to the New York County judgment was fully discharged by the Connecticut Superior Court, either by the court's grant of Hartford's motion to deposit funds into court, or by its dismissal of Hartford's interpleader action (see, CPLR 5021).

Finally, although various court orders over the years 1972 through 1983 precluding payment by Hartford, and receipt by Susi, of the amount awarded pursuant to the New York County judgment, would toll the accrual of interest on the judgment award (see, e.g., Moscow Fire Ins. Co. v. Heckscher Gottlieb, 260 App. Div. 646, affd 285 N.Y. 674), neither party has set forth sufficient evidence of specific effective dates of such orders, and thus a determination of interest accrual cannot be made on the record before the court.

Concur — Murphy, P.J., Milonas, Ellerin, Ross and Rubin, JJ.


Summaries of

Susi Contracting Co. v. Hartford Accident & Indemnity Co.

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 255 (N.Y. App. Div. 1991)
Case details for

Susi Contracting Co. v. Hartford Accident & Indemnity Co.

Case Details

Full title:SUSI CONTRACTING COMPANY, INC., Respondent, v. HARTFORD ACCIDENT INDEMNITY…

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

Date published: Apr 11, 1991

Citations

172 A.D.2d 255 (N.Y. App. Div. 1991)
568 N.Y.S.2d 374