LANCER INSURANCE COMPANY v. T.F.D. BUS CO., INC.


18 A.D.3d 445 (2005)

795 N.Y.S.2d 70

LANCER INSURANCE COMPANY, Respondent, v. T.F.D. BUS CO., INC., et al., Appellants, et al., Defendant.

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

May 2, 2005.


On February 14, 1989, Thomas E. Lyons sustained injuries in an automobile accident involving his car and a bus owned by the defendant T.F.D. Bus Co., Inc. (hereinafter TFD), and operated by the defendant Michael A. Thomas. In 1992 Thomas E. Lyons and Celeste M. Lyons brought an action, inter alia, to recover damages for personal injuries (hereinafter the underlying action). Later in 1992, upon the failure of TFD and Thomas to answer or appear, the Lyons' motion for leave...

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