Reversed, on the law, the motion for summary judgment denied and the cross motion granted. Appellants shall recover of respondent $50 costs and disbursements of this appeal.
On the facts presented plaintiff's claim against the appealing defendants either as a subrogee or an assignee, is, at best, in serious doubt. It is clear that upon payment to its insured of the claim on the policy it could have asserted its rights to recoupment against the wrongdoers, the appellants...
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