Village of Catskill v. Kemper Group-Lumbermen's Mutual Casualty Co.

Appeal from an order of the County Court of Greene County (Battisti, Jr., J.), entered February 28, 1984, which, inter alia, denied defendant’s cross motion to dismiss the complaint.

*1012Plaintiff commenced the underlying lawsuit on May 5,1981 to recover $2,753.30, representing damage caused to a village fire hydrant on January 5,1980 when struck by a taxicab owned by Morris Darling and insured by defendant. The complaint is grounded on a direct action statute (Insurance Law § 3420 [a] [2]; [b] [1]) which allows an injured person to sue the insurer directly where a judgment against the insured…