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VITALE v. MIDROX INSURANCE COMPANY

1347 CA 10-00579.

78 A.D.3d 1688 (2010)

910 N.Y.S.2d 748

DOMINICK P. VITALE, JR., as Executor of ANNAMAE L. VITALE, Deceased, and as Assignee of SALVATORE MATTINA, et al., Appellants, v. MIDROX INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 19, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action pursuant to Insurance Law § 3420 (a) (2) seeking, inter alia, to recover payment on a default judgment that they obtained against defendant's insured, Salvatore Mattina, in the underlying personal injury action. Plaintiffs contend that Supreme Court erred in denying in part their...

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