Pomona Med. Diagnostics, P.C. v Metropolitan Cas. Ins. Co., 2010 NY Slip Op 52039(U)(App. Term 1st Dept. 2010)
The opinion in this matter does not disclose what the basis for the declaration of non-coverage from Supreme Court was. Thus, one cannot dispositively opine as to how far the civil courts will go in enforcing declaratory judgments from the Supreme Court that are granted on default. Still, this matter seems to make the case for why a single declaratory judgment action may sometimes be the best route in dealing with certain types of cases.
