STATE FARM INS. v. DOE


82 Misc.2d 133 (1975)

State Farm Mutual Insurance Company, as Subrogee of Arnold Mason, Respondent, v. John Doe, Doing Business as American Auto Body, Appellant.

Supreme Court, Appellate Term, Second Department.

May 19, 1975


Attorney(s) appearing for the Case

Nussinow & Shapiro (Bernard L. Nussinow of counsel), for appellant. Flynn & Serpe (Robert R. Serpe of counsel), for respondent.

Concur: HOGAN, P. J., PITTONI and FARLEY, JJ.


MEMORANDUM.

Order affirmed without costs.

The complaint in this action seeks to recover from the defendant the additional amount plaintiff paid to its insured to correct the alleged defective repair work performed by defendant on the insured's automobile.

Plaintiff issued a collision policy containing the customary clause subrogating the company to the insured's right of action against a tort-feasor who causes...

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