Courtney Ferguson v Port Auth. of N. Y. & N. J. & Delta Airlines, Inc.

Courtney Ferguson v Port Auth. of N. Y. & N. J. & Delta Airlines, Inc.

Motion No: 2005-01577 qc 02-22-2010

Slip Opinion No: 2010 NY Slip Op 68242(U)

Decided on April 6, 2010

Appellate Term, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON and RIOS, JJ.

NO. 2005-1577 Q C

COURTNEY FERGUSON,

Appellant,

-against-

PORT AUTHORITY OF
NEW YORK and NEW JERSEY and DELTA AIRLINES, INC.,

Respondents.

DECISION

Motion by respondent Delta Airlines, Inc. for leave to reargue this court's order dated November 17, 2009 and to dismiss the appeal as against it is denied.

Since plaintiff asserts that the action against respondent Delta Airlines, Inc. is being pursued solely "for the purpose of obtaining a judgment or settlement so as to be able to proceed directly against [Delta's] liability insurer" (Pomerantz v In-Stride, Inc., 39 AD3d 522, 523 [2007]), the "action is permitted even after a discharge in bankruptcy" (id.; see Insurance Law § 3420; Lang v Hanover Ins. Co., 3 NY3d 350, 355 [2004]).