HIGHLANDS INS. CO. v. MADDENA CONSTR. CO.


109 A.D.2d 1071 (1985)

Highlands Insurance Company, as Subrogee of Sandra Kemp, Appellant, v. Maddena Construction Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 1, 1985


Orders unanimously affirmed, with costs, and motion denied.

Memorandum:

Plaintiff brought this action for negligence as subrogee of Sandra Kemp to recover costs it had paid in workers' compensation and medical benefits under a policy in effect between plaintiff and Kemp's employer. Issue was joined in December 1981, the parties served amended pleadings and plaintiff served a bill of particulars in February 1982. On May 25, 1982 defendant served a 90-day demand...

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