GOVERNMENT EMPLOYEES INSURANCE CO. v. BURNS FORD, INC.


261 A.D.2d 508 (1999)

690 N.Y.S.2d 613

GOVERNMENT EMPLOYEES INSURANCE CO., Respondent, v. BURNS FORD, INC., Appellant, et al., Defendant.

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

Decided May 17, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiff had no right in subrogation to recover for payments made to its insureds for basic economic loss against the appellant (see, Country Wide Ins. Co. v Osathanugrah, 94 A.D.2d 513, affd

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