Mavrakis v. Preferred Contractors Ins. Co.

• Decision Date: 08 November 2021
• Docket Number: Index 711910/20
• Citation: 2021 NY Slip Op 33117 (U)
• Parties: NIKOLAOS MAVRAKIS, Plaintiff, v. PREFERRED CONTRACTORS INSURANCE COMPANY, Defendant.
• Court: New York Supreme Court

2021 NY Slip Op 33117(U)

NIKOLAOS MAVRAKIS, Plaintiff,
v.
PREFERRED CONTRACTORS INSURANCE COMPANY, Defendant.

Index No. 711910/20

Supreme Court, Queens County

November 8, 2021

Unpublished Opinion

PRESENT: HON. ROBERT I. CALORAS Justice

SHORT FORM ORDER

ROBERT I. CALORAS, J.S.C.

The following papers numbered EF13 to EF47 read on this motion by defendant for summary judgment in its favor dismissing the complaint pursuant to CPLR 3212.

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Papers Numbered
Notice of Motion - Affidavits - Exhibits..................................	EF13 - 36
Answering Affidavits - Exhibits ……………………………..	EF37 - 43
Reply Affidavits ………………………………………………	EF44 - 47

Upon the foregoing papers it is ordered that the motion is granted in part and denied in part for the following reasons:

In this direct action ("Direct Action") plaintiff seeks insurance coverage for a default judgment and resulting monetary judgment ("Judgment") he obtained against Dahill Construction Company, Inc ("Dahill") and Uddin Consultants, Inc ("Uddin") in an underlying action entitled, Nikolaos Mavrakis v. Mohammad S. Haque, Dahill Construction Co., Inc., and Uddin Consultants, Inc., No. 8676/2015 (New York Supreme Court, Queens County) (the "Underlying Action"), for alleged injuries Plaintiff sustained on April 26, 2015 due to the alleged negligence of Dahill and Uddin (the "Accident"). Briefly, the underlying complaint alleges that on April 26, 2015, plaintiff was injured when he fell due to a dangerous, hazardous and unsafe condition allegedly created by Dahill and/or Uddin. Plaintiff seeks coverage from Preferred Contractors Insurance Company ("PCIC"), under liability policy number PCIC5020PCA5159 issued to Dahill for the policy period February 28, 2014 to February 28, 2015 (the "PCIC Policy").

Plaintiff filed the Underlying Action against Mohammad Haque, the owner of the Premises, on July 16, 2015. Thereafter, Plaintiff amended his complaint to include Dahill and Uddin as defendants. Dahill and Uddin were served with an amended summons and amended complaint on September 20, 2017, but both failed to appear. On March 27, 2018, the court in the Underlying Action granted Plaintiff a default judgment against Dahill and Uddin. An inquest on damages was held on January 14, 2020, and, by Short Form Order dated January 29, 2020, the court in the Underlying Action awarded Plaintiff $300, 000 against Dahill and Uddin. Judgment was entered against Dahill and Uddin on May 22, 2020 (the "Judgment").

Defendant submits that its first notice of the Accident, Underlying Action, and Judgment was August 4, 2020, when PCIC received Plaintiffs complaint in this Action. PCIC issued the PCIC Policy to Dahill for the policy period February 28, 2014 to February 28, 2015. Uddin is not an insured under the PCIC Policy. The policy period of the PCIC Policy was not extended and the PCIC Policy expired on February 28, 2015. The PCIC Policy was not renewed and PCIC did not issue a

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general liability policy to Dahill and/or Uddin after the expiration of the PCIC Policy on February 28, 2015. On its face, it appears that the PCIC Policy expired before the date of the Accident.

Subject to its terms, conditions, and...