CALLICOON CO-OPERATIVE INS. CO. v. OSBORNE


206 A.D.2d 796 (1994)

615 N.Y.S.2d 125

Callicoon Co-Operative Insurance Company, Appellant, v. Kipp Osborne et al., Respondents, et al., Defendants

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

July 28, 1994


Weiss, J.

Plaintiff commenced this action to recover $28,000 paid to defendants Kipp Osborne and Margot Osborne, its insureds, in exchange for a subrogation receipt in satisfaction of a claim made on their homeowner's policy after their property and its contents had been demolished by a truck owned and operated by defendant Charles Gregg. At the time this action was commenced, the Osbornes also had pending a Federal civil action against Gregg in which...

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