MARGULIES v. USAA CAS. INS. CO.

111090/09. Appeal No. 13169. Case No. 2020-02910.

191 A.D.3d 559 (2021)

138 N.Y.S.3d 861

2021 NY Slip Op 01124

Josh Margulies, Appellant-Respondent, v. USAA Casualty Insurance Co., Respondent-Appellant.

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

Decided February 18, 2021.


Attorney(s) appearing for the Case

Barket Epstein Kearon Aldea & LoTurco, LLP, Garden City ( Alexander Klein of counsel), for appellant-respondent.

Marshall, Dennehey, Warner, Coleman & Goggin, New York ( Richard C. Imbrogno of counsel), for respondent-appellant.

Concur—Renwick, J.P., Kern, Singh, Shulman, JJ.


This action stems from an incident in which Margulies intentionally struck nonparty Dennis Hough with his vehicle. Hough sued Margulies. Neither Margulies nor USAA defended against the action, and a default judgment was entered against Margulies.

The claim for payment of the judgment is precluded by collateral estoppel (see Paramount Pictures Corp. v Allianz Risk Transfer AG, 31 N.Y.3d 64, 72 [2018]). The Second Circuit has...

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