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McGURRAN v. DiCANIO PLANNED DEV. CORP.

216 A.D.2d 538 (1995)

628 N.Y.S.2d 773

Andrew McGurran, Plaintiff, v. Dicanio Planned Development Corp., Defendant and Third-Party Plaintiff-Appellant. Dicanio Residential Communities Corp., Third-Party Defendant-Respondent

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

June 26, 1995

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the third-party complaint is reinstated.

The issue presented on this appeal is whether the commonlaw antisubrogation rule precludes the General Accident Insurance Company (hereinafter General Accident), as subrogee of the defendant DiCanio Planned Development Corp. (hereinafter DPD), from seeking indemnification from the third-party defendant DiCanio Residential Communities Corp...

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