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COMMERCIAL UNION INSURANCE COMPANY v. V. GAROFALO CARTING INC.

288 A.D.2d 154 (2001)

733 N.Y.S.2d 408

COMMERCIAL UNION INSURANCE COMPANY as Subrogee of PATRICK McEVOY and Others, Respondent, v. V. GAROFALO CARTING INC., Appellant. STATE FARM INSURANCE COMPANY, as Subrogee of DEBORAH MAINI, Respondent, v. V. GAROFALO CARTING INC. et al., Appellants.

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

Decided November 29, 2001.

The insurer subrogees were entitled to summary judgment on the issue of liability where defendants failed to come forward with competent evidence rebutting the presumption of negligence arising from the circumstance that defendant's employee backed his garbage truck into a house (see, Mitchell v Gonzalez, 269 A.D.2d 250; Richmond Hill Sav. Bank v Sisters of Order of St. Dominic,

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