Imperium Insurance v. Utica First Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action pursuant to New York Insurance Law § 3420 (a) (2) to recover the amount of an unsatisfied judgment against the defendant’s insured, the plaintiff appeals from an order of the Supreme Court, Westchester County (Jamieson, J.), dated February 25, 2014, which, in effect, converted the defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint into a motion for summary judgment dismissing the complaint, and thereupon granted the motion.
Ordered that the order is affirmed, with costs.
The Supreme Court properly, in effect, converted the defendant’s motion pursuant to CPLR 3211…
2Cases cited6 opinions
- Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
- 2540 Associates, Inc. v. Assicurazioni Generali, S.p.A.Appellate Division of the Supreme Court of the State of New York · 2000
- Magistro v. Buttered Bagel, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Jamison v. JamisonAppellate Division of the Supreme Court of the State of New York · 2005
- Utica First Insurance v. SantagataAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by2 opinions
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