Atomic Development & Machine Corp. v. De Stefano

Gold, J. P.

(dissenting). I dissent. This action was commenced by service of the summons and complaint on the insurance carrier by a court order pursuant to CPLR 308 (subd. 4). This cast the carrier in the position of an involuntary agent for the service of the summons and complaint. The only question on the motion is service, and the involuntary position of the carrier gives it all the status it needs to contest the imposed status. What may be done by the insurer in an action for a declaratory judgment, or otherwise, is not actually relevant. After the carrier has opposed the service in the…