Royal Indemnity Co. v. Travelers Indemnity Co.

Appellate Division of the Supreme Court of New York

Royal Indemnity Co. v. Travelers Indemnity Co.

1 A.D.3d 278, 767 N.Y.S.2d 584, 2003 N.Y. App. Div. LEXIS 12585

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 25, 2003

StatusPublished

This text of 1 A.D.3d 278 (Royal Indemnity Co. v. Travelers Indemnity Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Royal Indemnity Co. v. Travelers Indemnity Co., 1 A.D.3d 278, 767 N.Y.S.2d 584, 2003 N.Y. App. Div. LEXIS 12585 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, New York County (Richard Braun, J.), entered November 14, 2002, which granted third-party defendant’s motion to dismiss the third-party complaint, unanimously affirmed, with costs.

Third-party plaintiffs, who were the primary insurer and counsel for a defendant who defaulted in a personal injury action brought by third-party defendant’s client, do not identify a “ ‘chronic, extreme pattern of legal delinquency’ ” (Schindler v Issler & Schrage, 262 AD2d 226, 228 [1999], lv dismissed 94 NY2d 791 [1999]) warranting civil sanctions against third-party defendant for having allegedly deceived the court into granting the default. The appropriate forum for hearing this complaint was the court where the default was litigated. Concur—Buckley, EJ., Tom, Ellerin and Gonzalez, JJ.

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Order, Supreme Court, New York County (Richard Braun, J.), entered November 14, 2002, which granted third-party defendant’s motion to dismiss the third-party complaint, unanimously affirmed, with costs.

Third-party plaintiffs, who were the primary insurer and counsel for a defendant who defaulted in a personal injury action brought by third-party defendant’s client, do not identify a “ ‘chronic, extreme pattern of legal delinquency’ ” (Schindler v Issler & Schrage, 262 AD2d 226, 228 [1999], lv dismissed 94 NY2d 791 [1999]) warranting civil sanctions against third-party defendant for having allegedly deceived the court into granting the default. The appropriate forum for hearing this complaint was the court where the default was litigated. Concur—Buckley, EJ., Tom, Ellerin and Gonzalez, JJ.

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Bluebook (online)

1 A.D.3d 278, 767 N.Y.S.2d 584, 2003 N.Y. App. Div. LEXIS 12585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-indemnity-co-v-travelers-indemnity-co-nyappdiv-2003.

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