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MATTER OF GLENS FALLS INS. CO. v. SMITH

221 A.D.2d 529 (1995)

634 N.Y.S.2d 395

In the Matter of Glens Falls Insurance Company, Respondent, v. Karin Smith, Appellant

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

November 20, 1995

Ordered that the order is affirmed, with costs.

The record establishes that the appellant prejudiced the petitioner's subrogation rights by signing a general release in favor of the tortfeasor (see, Weinberg v Transamerica Ins. Co., 62 N.Y.2d 379; Matter of State Farm Fire & Cas. Co. v Zyburo, 215 A.D.2d 566). The petition to...

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