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NATIONAL GRANGE MUTUAL INSURANCE CO. v. UTICA MUTUAL INSURANCE COMPANY

5 A.D.3d 1045 (2004)

773 N.Y.S.2d 692

NATIONAL GRANGE MUTUAL INSURANCE CO., as Subrogee of CLAUDE RIEGLER and Another, Respondent, v. UTICA MUTUAL INSURANCE COMPANY, Appellant.

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

March 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiff's motion and as modified the order is affirmed without costs.

Memorandum:

Plaintiff, as subrogor of its insureds, commenced this action pursuant to Insurance Law § 3420 (a) (2) seeking to recover damages awarded to plaintiff's insureds by a default judgment entered against defendant...

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