Crossett v. Sweeney

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Special Term erred in denying the motion of codefendants Paul Sweeney and Paul R. Sweeney Agency, Inc. for summary judgment dismissing plaintiffs’ complaint against them. Plaintiffs elected their remedy by seeking and securing the penalty order pursuant to CPLR 3126 against codefendant Dixon, which established that there was a policy of insurance in effect at the time plaintiffs’ property was destroyed by fire, and by thereafter obtaining a default judgment against him.…