COSMOPOLITAN INS v. FEIL


91 Misc.2d 59 (1977)

Cosmopolitan Ins. Co., as Subrogee of Major Industrial Contracting Co., Inc., Plaintiff, v. Albert Feil, Defendant.

Civil Court of the City of New York, Special Term, New York County.

July 27, 1977


Attorney(s) appearing for the Case

Smith, Mazure & Wilkins, P. C., for plaintiff. Congdon & Flaherty for defendant.


LEONARD N. COHEN, J.

Should a counterclaim be barred in a subrogated claim both involving property damages where the facts arise from the same automobile accident? Plaintiff, an insurance carrier as subrogee, moves to strike such a counterclaim. The court, under the circumstances of this case, holds otherwise.

Plaintiff, the subrogated carrier, sues to recover payment of $901.58 for property damage to...

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