Order unanimously reversed, with costs, and motion granted, with $10 costs.
Memorandum:
Respondent MVAIC seeks to avoid payment of costs included in a judgment in favor of John J. Walsh, "a qualified person" (Insurance Law, § 601, subd. b) against Roy W. Kickery and others. After the trial in which it participated, MVAIC tendered to plaintiff the amount of the verdict, without costs, although costs had been earned at that time subject only to the right...
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