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FAMA v. METRO. INS. CO.

169 Misc.2d 872 (1996)

646 N.Y.S.2d 930

Catherine Fama, as Administratrix of The Estate of Anthony Fama, Deceased, et al., Plaintiffs, v. Metropolitan Property & Casualty Insurance Co., Defendant.

Supreme Court, Westchester County.

June 10, 1996

Attorney(s) appearing for the Case

Rivkin Radler & Kremer, Uniondale, for defendant. Russo & Galgano, White Plains, for plaintiffs.

JOAN B. LEFKOWITZ, J.

Plaintiffs are judgment creditors of defendant's insured. They sue the defendant pursuant to section 3420 (a) (2) of the Insurance Law upon an unsatisfied judgment and seek to recover the policy limits plus accrued interest on the entire judgment. Defendant, in its answer, pleads affirmative defenses of tender and, alternatively, that its obligation for payment of interest, if any, is...

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