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REYES v. AM. TR. INS. CO.

189 Misc.2d 778 (2001)

736 N.Y.S.2d 563

WALTER REYES et al., Appellants, v. AMERICAN TRANSIT INSURANCE COMPANY, Respondent, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

October 19, 2001.

Attorney(s) appearing for the Case

Jose R. Mendez, P. C., Rego Park, for appellants.

Marjorie E. Bornes, New York City, for American Transit Insurance Company, respondent.

ARONIN, J. P., GOLIA and Rios, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order insofar as appealed from unanimously reversed without costs and plaintiffs' motion for summary judgment as against American Transit Insurance Company granted.

Plaintiffs commenced this action against defendants insurers, pursuant to Insurance Law § 3420 (a) (2), after obtaining a personal injury judgment against defendants' insureds, which remained unsatisfied...

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