Following recovery of a judgment by plaintiff against Marino Express, Inc., by default for $93,279.12 and the return of an execution unsatisfied and the service of a copy of the judgment upon defendant herein, the insurance carrier of Marino Express, Inc., plaintiff instituted suit for that amount against defendant herein under section 167 of the Insurance Law, to recover damages for the loss of its merchandise shipped by Marino Express, Inc. Special Term rested its ruling...
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