Reyes v. American Transit Insurance

*779OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously reversed without costs and plaintiffs’ motion for summary judgment as against American Transit Insurance Company granted.

Plaintiffs commenced this action against defendants insurers, pursuant to Insurance Law § 3420 (a) (2), after obtaining a personal injury judgment against defendants’ insureds, which remained unsatisfied for 30 days. American Transit Insurance Company (American) received notice of the instant action on or about February 1, 2000 and interposed its answer on or about February 8, 2000. In its answer,…