Commercial Bank of North America v. Employers Insurance of Wausau

Pursuant to CPLR 3213 and section 167 of the Insurance Law, plaintiff moved for summary judgment upon the ground that this action is based upon a judgment for the payment of money only, and that there is no defense thereto, in that the defendant, having issued a liability policy to one Griacamelli, had refused to pay the judgment secured against him, and the administrator of his estate, who was substituted later as defendant.

The plaintiff’s motion for summary judgment is granted. There is no issue of fact to be tried inasmuch as the defendant is estopped from raising its defense.

The present…