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NYAT CORP. v. GAN NATL. INS.

8 Misc.3d 975 (2005)

NYAT OPERATING CORP., Formerly Known as NEW YORK APPLE TOURS, INC., et al., Plaintiffs, v. GAN NATIONAL INSURANCE COMPANY et al., Defendants.

Supreme Court, New York County.

May 18, 2005.

Attorney(s) appearing for the Case

Katten Muchin Rosenman, LLP, New York City (Michael I. Verde and Philip A. Nemecek of counsel), for defendants.

Sivin & Miller, LLP, New York City, for Renata Cabrera, plaintiff.

Patrick J. Dwyer, New York City, for NYAT Operating Corp., plaintiff.

OPINION OF THE COURT

DEBRA A. JAMES, J.

Defendants move to dismiss the complaint pursuant to CPLR 3126 based upon the failure of NYAT to comply with discovery orders of this court. Plaintiff Renata Cabrera (hereinafter the judgment creditor) opposes the motion to the extent it seeks to dismiss the fifth cause of action pursuant to Insurance Law § 3420 (d) and cross-moves for summary judgment. Defendants oppose the judgment creditor's cross motion. NYAT...

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