BRITO v. ALLSTATE INSURANCE COMPANY

16688N, 309362/11, 16687

135 A.D.3d 568 (2016)

23 N.Y.S.3d 231

2016 NY Slip Op 00296

GREGORIO BRITO, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided January 19, 2016.


In his motion to vacate the June 2014 order, which dismissed the complaint, plaintiff argued that he was not required to provide the discovery he had been directed to provide, because, in an action brought pursuant to Insurance Law § 3420 (a) (2), the insurer is limited to disclaiming coverage against the insured, and the discovery demanded by defendant concerned the defenses that would have been available to its insured, if the insured had not defaulted, in the underlying...

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