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HERNANDEZ v. AMERICAN TRANSIT INSURANCE COMPANY

2 A.D.3d 584 (2003)

768 N.Y.S.2d 362

ROBERTO HERNANDEZ et al., Appellants, v. AMERICAN TRANSIT INSURANCE COMPANY, Respondent.

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

December 15, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action pursuant to Insurance Law § 3420 (a) (2) to recover on two unsatisfied judgments they obtained against the defendant's insureds on default. In its answer, the defendant asserted that the judgments in the underlying action were void and unenforceable.

A valid and enforceable judgment is a condition precedent...

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