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MCELROYE v. CITY OF ROCHESTER

190 A.D.2d 1025 (1993)

Henry Mcelroye et al., Plaintiffs, v. City of Rochester et al., Defendants County of Monroe et al., Third-Party Plaintiffs-Appellants, v. S.A. Healy Company, Third-Party Defendant-Respondent

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

February 5, 1993

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted summary judgment to third-party defendant dismissing the third-party complaint. Because Argonaut Insurance Company insured both third-party plaintiffs and third-party defendant, it was not entitled to subrogation so as to seek indemnification from third-party defendant. To permit Argonaut "to claim indemnification here would, directly...

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