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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. POLGE

258 A.D.2d 911 (1999)

685 N.Y.S.2d 350

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, as Subrogee of NANCY J. KELLY and Another, Appellant, v. GREG P. POLGE et al., Respondents.

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

Decided February 10, 1999.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted defendants' motions for summary judgment dismissing plaintiff's subrogation action. By suing defendants as subrogee of Nancy J. Kelly and Susan M. Isgar, plaintiff "is subject to whatever rules of estoppel would apply to the insured" (D'Arata v New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659, 665). Kelly's action for personal injuries...

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