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FEUER v. INS. CO. OF NORTH AMER.

66 Misc.2d 931 (1971)

David Feuer et al., Respondents, v. Insurance Company of North America, Appellant. David Feuer et al., Respondents, v. Akira Kawaishi, Appellant, and Sammie Davis, Respondent. Insurance Company of North America et al., Appellants, v. Cosmopolitan Mutual Insurance Company et al., Respondents.

Supreme Court, Appellate Term, First Department.

May 26, 1971

Attorney(s) appearing for the Case

James I. Lysaght and Joseph D. Ahearn for appellants. Newman, O'Malley & Epstein (Lawrence Epstein and Kenneth Horowitz of counsel), for respondents.

Concur — STREIT, J. P., GOLD and QUINN, JJ.

Per Curiam.

Plaintiffs' motion should have been denied on the ground of defective service. Service in the same manner as service of a summons generally is required for the commencement of an action pursuant to CPLR 3213. While, in Thrasher v. United States Liab. Ins. Co. (19 N.Y.2d 159), service of notice of entry of the judgment against the insured, made upon the attorney...

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