LATONI v. MOUNT VERNON FIRE INS. CO.


219 A.D.2d 698 (1995)

631 N.Y.S.2d 756

Linda Latoni, Appellant, v. Mount Vernon Fire Insurance Co. et al., Respondents, et al., Defendants

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

September 25, 1995


Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff has no present rights flowing from Insurance Law § 3420 (b) (1) since she has not yet obtained a judgment against any of the respondents' insureds. Thus, the statutory conditions precedent to an action under the foregoing section have not been satisfied (see, Clarendon Place Corp. v Landmark Ins. Co.,

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