SPAULDING v. METROPOLITAN LIFE INSURANCE COMPANY


271 A.D.2d 317 (2000)

706 N.Y.S.2d 639

THOMAS SPAULDING et al., Plaintiffs, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent. FRED GELLER ELECTRICAL, INC., Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

Decided April 18, 2000.


We find, contrary to the view of the motion court, that, under the circumstances, third-party defendant Fred Geller Electrical, Inc. (Geller) demonstrated good cause to move for summary judgment dismissing the third-party complaint, based on the asserted applicability of the antisubrogation rule, more than 120 days after the filing of the note of issue (see, CPLR 3212 [a]). However, we affirm the denial of Geller's motion, without prejudice to renewal on remand, on...

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