MATTER OF HANOVER INS. CO. v. CASTILLO


213 A.D.2d 304 (1995)

624 N.Y.S.2d 830

In the Matter of Hanover Insurance Company, Appellant, v. Dinora Castillo et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 23, 1995


By order dated March 16, 1993, petitioner was directed to effect service upon its purported insured. The IAS Court correctly determined that, upon its renewed application, petitioner's proof of attempted service did not demonstrate substantial compliance with the prior order, and the renewed application was properly denied on that basis.

We make no determination with respect to the merits of the application, and modify only to indicate that the denial is without prejudice...

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