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LEMA v. NEW YORK CENT. MUT. FIRE INS. CO.

2013-02607

112 A.D.3d 891 (2013)

978 N.Y.S.2d 75

2013 NY Slip Op 8598

ANGEL S. LEMA, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 26, 2013.

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 CPLR 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...

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