National Union Fire Insurance v. Erazo

OPINION OF THE COURT

Paul G. Feinman, J.

The defendant’s motion to dismiss1 the complaint is denied.

*195CPLR 213-b was enacted in 1992 as part of a comprehensive legislative package to enhance the rights of crime victims after the original “Son of Sam” Law was ruled unconstitutional. 2 On this motion, the court is called upon to answer what appears to be a question of first impression: whether an insurance company which has paid its insured for defalcations by a dishonest employee qualifies as a “crime victim” or “representative of a crime victim” within the meaning of this CPLR provision. As is…