Ordered that the order is reversed, on the law, with costs, and that branch of the defendants' motion which was pursuant to CPLR 3211(a) to dismiss the complaint is denied.
The plaintiffs' vehicle was damaged in an accident with a vehicle operated by the defendant Bertina Hernandez and owned by the defendant Jose E. Hernandez. At the time of the accident, the plaintiffs' vehicle was insured by ACE Private Risk Services (hereinafter ACE). ACE paid to repair the plaintiffs...
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