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ATL. MUT. INS. v. ST. OF N. Y.

80 Misc.2d 460 (1975)

Atlantic Mutual Insurance Company, as Subrogee of Laura S. Smith, Claimant, v. State of New York, Defendant. (Claim No. 57396.)

Court of Claims.

January 9, 1975

Attorney(s) appearing for the Case

MacCartney, MacCartney & MacCartney (Harold MacCartney, Jr., of counsel), for claimant. Louis J. Lefkowitz, Attorney-General, and Wilson, Bave & Hayes (Michael Hayes and Ralph A. Beisner of counsel), for defendant.

DOROTHEA E. DONALDSON, J.

The court, in its decision filed June 18, 1974, found the State to be liable and restored the claim for proof of damages.

With respect to this issue, the State contended that the claimant, as subrogeee, received no greater rights than that which the subrogor had and transferred to it. Two factors are relevant in determining this contention: one, whether the order of Judge COOKE, dated May 11, 1972, denying the motion...

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