METRO. v. CASSIDY


127 Misc.2d 641 (1985)

Metropolitan Property and Liability Insurance Company, as Subrogee of Helen Buxbaum, Plaintiff, v. William P. Cassidy et al., Defendants.

Supreme Court, Dutchess County.

March 4, 1985


Attorney(s) appearing for the Case

Rivkin, Leff, Sherman & Radler for plaintiff. Owen & Grogan for defendants.


GERARD E. DELANEY, J.

This matter involves the determination of the rights of subrogation of an insurance company upon its payment of funds to its insured under "Supplementary Uninsured Motorist Insurance" (commonly known as underinsurance) under Insurance Law § 167 (2-a).

On August 5, 1980, Helen Buxbaum, while operating a motor vehicle owned by her husband, Jeffrey Buxbaum, was involved in a...

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