GREGORIO BRITO, plf-ap, v. ALLSTATE INSURANCE COMPANY, def-res

8553. GREGORIO BRITO, plf-ap, v. ALLSTATE INSURANCE COMPANY, def-res — Linda T. Ziatz, P.C., Forest Hills (Linda T. Ziatz of counsel), for ap — Law Office of Michael A. Barnett, Garden City (Jay M. Weinstein of counsel), for res — Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered June 12, 2012, which denied plaintiff’s motion for summary judgment, unanimously affirmed, with costs.

Plaintiff brought this action pursuant to Insurance Law §3420(a)(2) to compel Allstate Insurance Co. to satisfy a judgment entered in his favor against the insured in the underlying personal injury action. The default judgment was entered July 25, 2011; plaintiff’s counsel allegedly caused a copy of it to be served on Allstate by mail the next day. Allstate denies that it received a copy of the default judgment, asserting that it had no notice of the underlying action until it received the pleadings in the instant action on December 8, 2011. Allstate issued a letter disclaiming coverage on December 28, 2011. Plaintiff contends that the disclaimer is invalid because it was untimely served, whether the time is measured from July 26, 2011 or December 8, 2011.