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DAVIS v. H.J. HEINZ CO.

254 A.D.2d 830 (1998)

678 N.Y.S.2d 763

Keith J. Davis et al., Respondents, v. H.J. Heinz Company et al., Defendants. H.J. Heinz Company, Third-Party Plaintiff-Appellant, v. Ontario Food Products, Inc., Third-Party Defendant-Respondent

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

October 2, 1998

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly determined that the third-party action is barred by the antisubrogation rule (see also, Lim v Atlas-Gem Erectors Co., 225 A.D.2d 304, 305-306; Nuzzo v Griffin Technology, 222 A.D.2d 184, 190, lv dismissed 89 N.Y.2d 981, lv denied 91 N.Y.2d 802). Further, because the antisubrogation...

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