CHUBB & SON, INC., MANAGER FEDERAL INSURANCE COMPANY v. RIVERSIDE TOWER PARKING CORP.


267 A.D.2d 128 (1999)

700 N.Y.S.2d 153

CHUBB & SON, INC., MANAGER FEDERAL INSURANCE COMPANY, as Subrogee of MARTIN RICHARDS, Appellant, v. RIVERSIDE TOWER PARKING CORP., Respondent.

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

Decided December 16, 1999.


In this action by a subrogation plaintiff to recover the value of a vehicle bailed to defendant's parking garage, defendant submitted competent proof in opposition to plaintiff's summary judgment motion, showing that the vehicle was stolen at gunpoint, thus raising a triable issue in response to plaintiff's prima facie case. The police report of the theft was based on information from defendant's now deceased garage attendant, who had a business duty imposed by his employer...

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