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DAVIU v. AUDOBON CAR SERV.

163 Misc.2d 404 (1994)

620 N.Y.S.2d 728

Rosa Daviu, Plaintiff, v. R.C. Audobon Car Service, Inc., et al., Defendants.

Supreme Court, Bronx County.

November 7, 1994

Attorney(s) appearing for the Case

Raymond B. Schwartzberg, New York City (David S. Steigbigel of counsel), for plaintiff.

ALAN J. SAKS, J.

Motion by plaintiff for a default judgment against R.C. Audobon Car Service, Inc. is denied because there was improperly attached to the summons and complaint a document demanding discovery and inspection (D&I notice) of applicable insurance policies. While CPLR 3120 permits service of a D&I notice "after commencement of an action", it does not permit such service simultaneously with...

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