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RAWSON v. PYRAMID CHAMPLAIN CO.

193 A.D.2d 1052 (1993)

600 N.Y.S.2d 672

Jerry Rawson et al., Plaintiffs, v. Pyramid Champlain Company, Also Known as Pyramid Companies, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. Apple Roofing Corp., Third-Party Defendant-Respondent

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

May 28, 1993

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted summary judgment dismissing the third-party action on the ground that the real party in interest, CNA Insurance Companies, is attempting through the third-party action to be subrogated to a claim against its own insured (see, Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 N.Y.2d 465, 468; Fowler v Stillwater Assocs.

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