VARGAS v. CROWN CONTAINER CO., INC.

2016-02157, Index No. 12520/08.

155 A.D.3d 994 (2017)

64 N.Y.S.3d 322

2017 NY Slip Op 08298

PEDRO VARGAS, as Administrator of the Estate of IVAN HERNANDEZ-MORALES, Deceased, et al., Respondents, v. CROWN CONTAINER CO., INC., et al., Defendants, and ADVANCED FLEET MAINTENANCE, INC., Appellant. (And Third-Party Actions.).

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

Decided November 22, 2017.


Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion, in effect, for a determination that Insurance Law § 3420 (a) (2) permits recovery against the defendant Advanced Fleet Maintenance, Inc., or its insurer, nonparty Century Surety Company, of statutory interest payable on the final judgment in the action from the date of the decedent's death is denied.

The plaintiffs' decedent was employed as a helper on a private garbage truck...

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