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CHRISTENSEN v. WEEKS

5 A.D.3d 526 (2004)

774 N.Y.S.2d 81

MICHAEL CHRISTENSEN et al., Plaintiffs, v. RITA WEEKS, Defendant and Third-Party Plaintiff, et al., Defendants. NEW YORK MUTUAL UNDERWRITERS, Third-Party Defendant. (Action No. 1.) STATE FARM & CASUALTY COMPANY, as Subrogee of DAVID M. CHRISTENSEN, Plaintiff, v. RITA WEEKS, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. NEW YORK MUTUAL UNDERWRITERS, Third-Party Defendant-Appellant. (Action No. 2.)

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

March 15, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party action in Action No. 2 is severed.

This appeal stems from two related actions. In Action No. 1, the plaintiffs sought inter alia, to recover damages for trespass and property damage from, among others, the defendant Rita Weeks. After Weeks' insurance carrier, New York Mutual Underwriters (hereinafter NY Mutual) disclaimed coverage, Weeks commenced a third-party action...

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