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PAEZ v. VARVERIS

12 Misc.3d 101 (2006)

820 N.Y.S.2d 390

RICHARD PAEZ et al., Infants, by Their Mother and Natural Guardian, GLADYS CHAZULLE, et al., Respondents, v. MARIE VARVERIS, Defendant, and HERMITAGE INSURANCE COMPANY, Intervenor-Appellant.

Supreme Court, Appellate Term, Second Department.

June 9, 2006.

Attorney(s) appearing for the Case

Gold, Stewart, Kravatz & Stone, LLP, Westbury (Jeffrey B. Gold and Cheryl Spinner Kravatz of counsel), for intervenor-appellant.

Louis C. Fiabane, New York City, for respondents.

WESTON PATTERSON, J.P., GOLIA and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs and plaintiffs' motion to enter judgment against Hermitage Insurance Company pursuant to CPLR 5003-a denied.

In this personal injury action, plaintiffs moved to enter judgment pursuant to CPLR 5003-a against Hermitage Insurance Company, defendant's insurance carrier and a nonparty hereto, for its failure to pay its portion of a $10,000...

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