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LIBERTY MUT. INS. CO. v. JENKINS BROS.

Index No. 651980/18. Appeal No. 15560. Case No. 2021-02693.

203 A.D.3d 579 (2022)

162 N.Y.S.3d 706

2022 NY Slip Op 01968

Liberty Mutual Insurance Company, Appellant, v. Jenkins Bros. et al., Respondents.

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

Decided March 22, 2022.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York (Michael Garvey of counsel) for appellant.

Cohen Ziffer Frenchman & McKenna LLP, New York (Alexander M. Sugzda of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Singh, Kennedy, Scarpulla, JJ.

The individual defendants failed to fulfill a condition precedent to filing a claim directly against plaintiff, i.e., they did not obtain judgments against plaintiff's insured, defendant Jenkins Bros. (see Insurance Law § 3420; Lang v Hanover Ins. Co., 3 N.Y.3d 350, 354-355 [2004]).

The motion court's previous order directing substitute service on plaintiff did not constitute a determination that plaintiff was...

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