Lema v. New York Central Mutual Fire Insurance

In an action pursuant to Insurance Law § 3420 (a) (2) to recover the amount of an unsatisfied judgment against the defendant’s insureds, the plaintiff appeals from an order of the Supreme Court, Kings County (Rothenberg, J.), dated January 24, 2013, which granted the defendant’s motion to dismiss the complaint pursuant to CELR 3211 (a) and denied his cross motion for leave to enter a default judgment.

Ordered that the order is reversed, on the law, with costs, the defendant’s motion is denied, the plaintiff’s cross motion is granted, and the matter is remitted to the Supreme Court, Kings…