Brito v. Allstate Insurance

Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered June 12, 2012, which denied plaintiffs motion for summary judgment, unanimously affirmed, with costs.

Plaintiff brought this action pursuant to Insurance Law § 3420 (a) (2) to compel Allstate Insurance Co. to satisfy a judgment entered in his favor against the insured in the underlying personal injury action. The default judgment was entered July 25, 2011; plaintiffs counsel allegedly caused a copy of it to be *478served on Allstate by mail the next day. Allstate denies that it received a copy of the default judgment, asserting that…