Travelers Insurance v. Heppner

*683OPINION OF THE COURT

Rose H. Sconiers, J.

Defendants, Judith T. Heppner, as voluntary administratrix of the estate of Kenneth Heppner, and Judith T. Heppner, individually, by notice of motion seek an order dismissing the causes of action of plaintiff, Boston Valley Collision, Inc. (hereafter plaintiff BVC, Inc.), and plaintiff, Travelers Insurance Company, as assignee of the claim of Boston Valley Collision, Inc. (hereafter plaintiff Travelers), for lack of jurisdiction (CPLR 3212, 214 [4]).

The underlying claim is for damages, allegedly occurring on June 22, 1990, when defendant, Robert L.…