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KELLY v. SEAGER

144 Misc.2d 458 (1989)

Parker Kelly et al., Plaintiffs, v. Diane Seager et al., Defendants.

Supreme Court, Ontario County.

August 23, 1989

Attorney(s) appearing for the Case

Bond & McDonald (William J. McDonald, Jr., of counsel), for Diane Seager, defendant. Roger G. Preston, Jr., and F. Robert Michel for Harold Taylor, doing business as Taylor General Store, and another, defendants. Deegan & Dadey (Thomas V. Dadey of counsel), for plaintiffs.

DAVID O. BOEHM, J.

This decision addresses a question of apparent first impression as to whether the collateral source rule effected by CPLR 4545 (c) limits the award an insurer may recover in a subrogation action.

The action was commenced by Nationwide Insurance Company in the name of its insureds, Parker and Marian Kelly, the nominal plaintiffs. Defendant, Diane Seager, here moves for summary judgment...

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