Ordered that the order is affirmed insofar as appealed from, with costs.
On April 26, 1992, the defendant Eagle Insurance Company (hereinafter Eagle) offered to pay $5,000 on behalf of its insured, Sean M. Brown, to the plaintiff, Lumbermens Mutual Casualty Co. (hereinafter Lumbermens), as subrogee of Morris and Audrey Miozzi, in return for a release of a property damage claim. This offer had not been accepted as of October 4, 1993, at which time Eagle disclaimed...
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