Abrams v. Maryland Casualty Co.

In an action by a judgment creditor, pursuant to section 167 of the Insurance Law, to recover on an automobile liability policy of insurance issued to a judgment debtor, defendant appeals from an order denying its motion to dismiss an amended complaint for insufficiency. Defendant also appeals from a second order insofar as it denies its motion to dismiss the amended complaint on the ground that the cause of action did not accrue within the time limited by the policy of insurance for the commencement of an action thereon, and denies its motion to strike out paragraphs 26, 27 and 41 of the…