Atomic Development & Machine Corp. v. De Stefano

Defendant’s insurer unequivocally disclaimed liability to defend, prior to the commencement of this action or any attempted service of process herein, and, while now moving to vacate service, declines to appear generally on defendant’s behalf or its own. As a consequence, said insurer lacks standing to make such a challenge. The fact that the Civil Court issued an ex parte order authorizing substituted service upon defendant which included mailing of process in care of said insurer, does not, ipso facto, give this insurer independent standing to challenge the propriety of such service. Having…