Fortis v. Glens Falls Insurance

The plaintiffs appeal from an order of the Supreme Court entered in Bronx County Clerk’s office on November 16, 1964 granting defendant’s motion to dismiss the complaint herein upon the ground that the court does not have jurisdiction of the action. The action is upon a judgment obtained upon default of defendant’s insured in a negligence action, plaintiffs now seeking to require defendant to pay the judgment. Defendant successfully contended below that plaintiffs had failed to comply with a condition precedent to bringing this action, the condition being contained in section 167 (subd. 1,…