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WRIGHT v. E.S. McCANN & SON, INC.

216 A.D.2d 73 (1995)

628 N.Y.S.2d 70

Richard Wright, Respondent, v. E.S. McCann and Son, Inc., Respondent, and Fiftieth Street and Sixth Avenue, Inc., Appellant E.S. McCann and Son, Inc., Third-Party Plaintiff-Respondent, v. National Acoustics, Third-Party Defendant-Respondent E.S. McCann and Son, Inc., Fourth-Party Plaintiff-Respondent, v. Forest Electric Co., Fourth-Party Defendant-Respondent

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

June 13, 1995

Contrary to the view of the IAS Court, the circumstances presented here do not implicate the antisubrogation rule articulated in Pennsylvania Gen. Ins. Co. v Austin Powder Co. (68 N.Y.2d 465), North Star Reins. Corp. v Continental Ins. Co. (82 N.Y.2d 281) and their progeny. The rule "provides that an insurance carrier cannot sue its own insured...

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