Davis v Long Is. Ins. Co.

[*1] Davis v Long Is. Ins. Co. 2013 NY Slip Op 50297(U) Decided on March 1, 2013 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 1, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Torres, J.P., Schoenfeld, Shulman, JJ
571062/12.

Michael B. Davis and Raymond Wilson, Plaintiffs-Appellants,

against

Long Island Insurance Company, Defendant.

Plaintiff Michael B. Davis appeals from an order of the Civil Court of the City of New York, New York County (Frank P. Nervo, J.), entered November 19, 2012, which granted the motion of the defendant insurer's rehabilitator, nonparty Superintendent of Financial Services of the State of New York, to dismiss the complaint.

Per Curiam.

Order (Frank P. Nervo, J.), entered November 19, 2012, affirmed, without costs.

In dismissing this plenary action against the insolvent defendant insurance carrier, the court gave proper effect to the stay provision of the October 19, 2010 order of rehabilitation prohibiting the commencement or prosecution of any action against defendant (see Insurance Law § 7403, 7419[b]; Matter of Knickerbocker Agency [Holz], 4 NY2d 245, 250 [1958]). Contrary to plaintiff's apparent contention, the default order entered against defendant in November 2011, after issuance of the rehabilitation stay, was a nullity (cf. Pires v Ortiz, 18 AD3d 263, 264 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 01, 2013