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  5. 76 N.Y.2d 659 (1990)
 

D'ARATA v. NY CENT. FIRE INS.

76 N.Y.2d 659 (1990)

Robert D'Arata et al., Appellants, v. New York Central Mutual Fire Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 1990.

Attorney(s) appearing for the Case

Robert H. Gurbacki for appellants.

Anthony M. Nosek and Donna M. Lanham for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.

HANCOCK, JR., J.

In this action under Insurance Law § 3420 (b) (1), plaintiff, a shooting victim,1 is seeking to recover from the insurer of the assailant the amount of a default judgment obtained against the assailant who had been convicted of first degree assault for the incident resulting in plaintiff's injuries. Plaintiff, the complaining witness, testified for the prosecution...

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