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CONT'L INS. CO. v. JOSEPH E. MARX CO., INC.

220 A.D.2d 343 (1995)

633 N.Y.S.2d 23

Continental Insurance Company, Plaintiff, v. Joseph E. Marx Company, Inc., et al., Defendants. (And a Third-Party Action.) (Action No. 1.) Aetna Casualty & Surety Company et al., Respondents, v. Berdj M. Abadjian Rugs As Art, Inc., Defendant, and Holmes Protection Agency of New York, Inc., Appellant. (Action No. 2.) (And One Other Action.)

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

October 26, 1995

Once Aetna paid the fire damage claims for the loss incurred at the premises owned by Marx, Aetna became entitled to be subrogated to the rights which the insured had against the wrongdoer (see, Ocean Acc. & Guar. Corp. v Hooker Electrochemical Co., 240 N.Y. 37, 47; 71 NY Jur 2d, Insurance, § 1922). Here, Aetna, the real party in interest (ibid.), timely instituted an action against the alleged wrongdoers...

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