Fortis v. Glens Falls Ins. Co.
| Decision Date | 18 October 1966 |
| Citation | 18 N.Y.2d 779,275 N.Y.S.2d 265 |
| Parties | , 221 N.E.2d 807 Lydia Velasquez FORTIS et al., Respondents, v. GLENS FALLS INSURANCE COMPANY, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, First Department, 23 A.D.2d 88, 258 N.Y.S.2d 753.
Watters & Donovan New York City (Elizabeth A. Palewski and Richard J. O'Keefe, New York City, of counsel), for defendant-appellant.
Joseph A. Tursone, New York City (Milton Wittels, New York City, of counsel), for plaintiffs-respondents.
Action was brought upon a default judgment which had been obtained against defendant insurance company's insured. Service of judgment on insured had been obtained by mailing to his last known address and by filing a copy of the judgment with notice of entry upon insured.
The Supreme Court, Special Term, Bronx County, Hyman Korn, J., entered an order dismissing the complaint for lack of jurisdiction and the judgment creditors appealed.
The Appellate Division certified the question: 'Was the order of this Court entered April 22, 1965 reversing on the law the order of the Supreme Court, Bronx County, properly made?'
Order affirmed, with costs. Question certified answered in the affirmative.
All concur.
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...to entertain the suit (Fortis v. Glens Falls Ins. Co., 23 A.D.2d 88, 258 N.Y.S.2d 753, affd. on other grounds 18 N.Y.2d 779, 275 N.Y.S.2d 265, 221 N.E.2d 807; McNamara v. Allstate Ins. Co., Chicago Ill., 3 A.D.2d 295, 160 N.Y.S.2d 51; Clark v. Utica Mut. Ins. Co., 31 Misc.2d 105, 222 N.Y.S.......
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