Gottlieb v. Blue Ridge Insurance

—In an action pursuant to Insurance Law § 3420 (a) (2) to recover an unsatisfied judgment against the defendant’s insured, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated December 12, 2001, which, inter alia, converted the motion to one for summary judgment pursuant to CPLR 3212, and, upon converting the motion, granted summary judgment to the plaintiffs and denied the defendant’s cross motion for summary judgment dismissing the action.

Ordered that the order is…