Paez v. Varveris

OPINION OF THE COURT

Memorandum.

Order reversed without costs and plaintiffs’ motion to enter judgment against Hermitage Insurance Company pursuant to CPLR 5003-a denied.

In this personal injury action, plaintiffs moved to enter judgment pursuant to CPLR 5003-a against Hermitage Insurance Company, defendant’s insurance carrier and a nonparty hereto, for its failure to pay its portion of a $10,000 purported settlement. Hermitage, which had disclaimed coverage of defendant, cross-moved to intervene in order to oppose the motion, claiming that it refused to pay its share of $9,000 as agreed because…