American Transit Ins. Co. v. McPhee, Index #: 307800/11 (Thompson, J.)
CPLR 3211(a)(4) cross-motion denied
“This is an action for a declaratory judgment stating that the defendants are not entitled to no-fault benefits as the assignor medical benefits, McPhee failed to comply with a condition precede to coverage, namely attendant at an IME. While there is an action pending in Civil Court, Kings County, brought by the answering defendants herein, it is for payment of their claims, not for a declaratory judgment. Under CPLR 3001, Supreme Court has jurisdiction to issue a declaratory judgment in this matter that is potentially dispositive of all of defendants’ claims and therefore this declaratory actions served judicial economy.”
Parenthetically and counterintuitively, Supreme Court, Bronx County is a very good venue for insurance carriers on Unitrin type actions when you have decent proofs. I will defer comment about the n0-fault part on the fifth floor at 851 Grand Concourse…
