ALLSTATE INS. v. BABYLON CHRYSLER


75 Misc.2d 604 (1973)

Allstate Insurance Company, as Subrogee of Randolph Taylor, Appellant, v. Babylon Chrysler, Plymouth, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

March 14, 1973


Attorney(s) appearing for the Case

Andrew L. Cisternino and Arthur B. Colligan for appellant. Halperin, Somers & Goldstick (Charles P. Schiller of counsel), for respondent.

Concur — HOGAN, P. J., GLICKMAN and FARLEY, JJ.


Per Curiam.

In an action brought against a bailee of an automobile to recover the damages incurred to the vehicle while in defendant's possession, plaintiff appeals from the orders denying its motions to dismiss defendant's counterclaims.

Plaintiff insurance company is the subrogee of its insured whose car was damaged after being delivered to the defendant for repairs. Defendant interposed counterclaims to...

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