Consolidated Mutual Insurance v. Rogers

Defendant moves for multiple relief to vacate plaintiff’s judgment, to quash a subpoena served on defendant in an enforcement of money judgment proceeding, to vacate a restraining notice to garnishee served upon the Chemical Bank Hew York Trust Co. where defendant maintains an account and to dismiss plaintiff’s complaint pursuant to CPLR 3211 (subd. [a], par. 5) upon the ground of payment.

The complaint alleges that defendant, as a licensed broker, maintained an account with plaintiff and from time to time requested the issuance of policies of insurance on behalf of his clients. The premiums…