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NY CENT. FIRE INS. v. BELLINI

2 Misc.3d 40 (2003)

773 N.Y.S.2d 778

NEW YORK CENTRAL MUTUAL FIRE INSURANCE CO., as Subrogee of JOHN REZEK and Another, Respondent, v. SCOTT BELLINI et al., Appellants.

Supreme Court, Appellate Term, Second Department.

December 10, 2003.

Attorney(s) appearing for the Case

Joseph J. Ra, Town Attorney, Hempstead (Mario Bove of counsel), for appellants.

Robert Previto, Hauppauge, for respondent.

DOYLE, P.J., WINICK and SKELOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs and matter remanded to the court below for further proceedings not inconsistent with the decision herein.

Plaintiff, subrogee insurance company to subrogors John and Donna Rezek, seeks damages as a result of an accident between the Rezek vehicle and a road sanding truck owned by defendant Town of Hempstead and operated by its employee, defendant Bellini. The matter was tried...

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