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FIREMAN'S INS. CO. v. WHEELER

145 Misc.2d 847 (1989)

Fireman's Insurance Company of Newark, New Jersey, Plaintiff, v. Donald G. Wheeler, Defendant.

Supreme Court, Rensselaer County.

December 6, 1989

Attorney(s) appearing for the Case

Donohue, Sabo, Varley & Armstrong, P. C. (Fred J. Hutchison of counsel), for defendant. Bouck, Holloway, Kiernan & Casey (David J. Pollock of counsel), for plaintiff.

F. WARREN TRAVERS, J.

Defendant moves for summary judgment dismissing the complaint against him. Defendant asserts that as an insured, plaintiff has no right of subrogation against him. Defendant contends that he may not be sued for exercising his business judgment. Plaintiff opposes the motion.

Donald G. Wheeler was, at the time of these events, president of Wheeler Brothers Brass Founders, Inc. ...

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