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AMERICAN HOME ASSURANCE CO. v. AXIUM ENTERTAINMENT SERVICES, INC.

306 A.D.2d 93 (2003)

762 N.Y.S.2d 45

AMERICAN HOME ASSURANCE CO., Respondent, v. AXIUM ENTERTAINMENT SERVICES, INC., et al., Appellants.

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

Decided June 10, 2003.

Plaintiff American Home Assurance Co. brought two actions in California to recover insurance premiums from defendants, but both were voluntarily discontinued by American Home without an adjudication on the merits. It has now brought a third action to recover the premiums in New York. Contrary to defendants' contentions, the action is not barred by CPLR 3217 (c). It is clear that the latter of the two predicate discontinuances required under that statute must have occurred...

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