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CLARENDON NATIONAL INSURANCE COMPANY v. LE

46 A.D.3d 407 (2007)

847 N.Y.S.2d 463

CLARENDON NATIONAL INSURANCE COMPANY, Respondent, v. DAVID LE, Defendant, and ALINA BRIANO, Appellant.

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

Decided December 20, 2007.

The refusal to afford Briano an opportunity to discover whether plaintiff's efforts to locate Le, the driver in the truck allegedly causing the accident, had been directed at the wrong person, was improper (see Thrasher v United States Liab. Ins. Co., 19 N.Y.2d 159, 168...

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