Sneaky Sneaky

 

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Rojas v Romanoff, 2020 NY Slip Op 04237 [1st Dept. 2020]

To be sure, in the prior declaratory judgment action, in this case, for some unexplained reason, the motion court declared that plaintiff’s default meant not only that the insurer, Nationwide, was not obligated to pay no-fault benefits, but also that Nationwide was not obligated “to afford any bodily injury coverage to [plaintiff] . . . [for] personal injury stemming from the alleged September 15, 2016 accident.” The second part of that holding, however, — that Nationwide was not obligated to pay plaintiff coverage for any bodily injury damages arising from the subject accident — is irrelevant to whether claim preclusion applies to the current personal injury action.

The reason, of course, is that it was included in the proposed order [¶ 8].

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