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HANOVER INS. CO. v. U.W. MARX, INC.

238 A.D.2d 772 (1997)

656 N.Y.S.2d 474

Hanover Insurance Company, as Subrogee of The State of New York, Respondent, v. U.W. Marx, Inc., Appellant

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

April 17, 1997

White, J.

The facts underlying this appeal may be found in our prior decision wherein we granted summary judgment dismissing defendant's affirmative defense predicated upon the antisubrogation rule (State of New York v U.W. Marx, Inc., 209 A.D.2d 784). In accordance with our decision, plaintiff served a second amended complaint upon defendant which tendered an amended...

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