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OPREA v. NEW YORK CITY HOUS. AUTH.

239 A.D.2d 119 (1997)

657 N.Y.S.2d 552

Marin Oprea, Plaintiff, v. New York City Housing Authority, Defendant and Third-Party Plaintiff-Appellant. V.M.K. Corp., Third-Party Defendant-Respondent

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

May 1, 1997

Third-party plaintiff agrees that the anti-subrogation rule bars its third-party claim up to the amount of the insurance coverage purchased for it by third-party defendant, but argues against such a bar to the extent its exposure to plaintiff exceeds such coverage. However, any questions concerning the right to indemnification for a loss in excess of the primary coverage are premature at this stage (see, Pennsylvania Gen...

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