CASTILLO v. GARZON-RUIZ


290 A.D.2d 288 (2002)

736 N.Y.S.2d 37

INES CASTILLO, an Infant, by Her Mother and Natural Guardian, ANGELA PENA, et al., Respondents, v. PEDRO R. GARZON-RUIZ et al., Appellants.

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

Decided January 15, 2002.


Following service in late October 2000, plaintiffs advised defendants' insurance carrier to serve and file an answer on its insureds' behalf within 30 days or face a motion for judgment by default. When no response was forthcoming, plaintiffs applied, on December 13, 2000, for an order permitting them to proceed to inquest (CPLR 3215 [b]). By notice of cross motion dated January 22, 2001, defendants moved for an order compelling plaintiffs to accept service of the verified...

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