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NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. SULLIVAN

269 A.D.2d 149 (2000)

701 N.Y.S.2d 902

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant, v. CHARLES SULLIVAN, Respondent.

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

Decided February 3, 2000.

Plaintiff's papers in support of its motion for a default judgment failed to provide any confirmation of its allegation that defendant agreed to reimburse plaintiff for payments which plaintiff made under an appeal bond issued on behalf of a nonparty (CPLR 3215 [f]; see, Joosten v Gale, 129 A.D.2d 531, 535). Indeed, the unsigned document that plaintiff claims constitutes such agreement...

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