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MT. HAWLEY INS. CO. v. AMERICAN STATES INS. CO.

2963N, 156663/14.

146 A.D.3d 735 (2017)

2017 NY Slip Op 00615

48 N.Y.S.3d 312

MT. HAWLEY INSURANCE COMPANY et al., Respondents, v. AMERICAN STATES INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided January 31, 2017.

Although this Court, on a prior appeal, upheld the default judgment against defendant J&R Glassworks, Inc. (139 A.D.3d 497, 498 [1st Dept 2016]), American States is not entitled to declaratory relief in its favor on its cross motion for summary judgment. In the event of a default by a defendant, that defendant admits to the allegations against it in the complaint (Woodson v Mendon Leasing...

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