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PUBLIC SERVICE MUTUAL INSURANCE COMPANY v. TRAVELERS AETNA CASUALTY & SURETY CO.

297 A.D.2d 570 (2002)

747 N.Y.S.2d 163

PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Respondent, and ALLCITY INSURANCE COMPANY, Appellant, v. TRAVELERS AETNA CASUALTY & SURETY CO. et al., Defendants. (And Another Action.)

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

Decided September 24, 2002.

The court properly granted plaintiff-respondent Public Service Mutual Insurance Company's motion for partial summary judgment as against plaintiff-appellant Allcity Insurance Company. In this subrogation action, the funds recovered by plaintiffs from defendant Travelers Aetna Casualty & Surety were substantially less than the combined amounts to which plaintiffs, as subrogees, were entitled, and indeed less than the amount...

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