HERNANDEZ v. AMERICAN TRANSIT INSURANCE COMPANY


60 A.D.3d 634 (2009)

875 N.Y.S.2d 125

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.

Decided March 3, 2009.


Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment in favor of the plaintiffs and against the defendant.

In this action pursuant to Insurance Law § 3420 (a) (2), the plaintiffs made out their prima facie case by demonstrating that they each had obtained a judgment against each of the tortfeasors, served the insurance company with a copy of the judgment, and...

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