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OMIATEK v. MARINE MIDLAND BANK

9 A.D.3d 831 (2004)

781 N.Y.S.2d 389

RONALD OMIATEK et al., Respondents, v. MARINE MIDLAND BANK, N.A., Appellant, and HEALTHNOW NY, INC., Intervenor-Respondent.

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

July 9, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.

Memorandum:

We conclude that Supreme Court properly exercised its discretion in granting the motion of HealthNow NY, Inc. (HealthNow) seeking permission to intervene in this personal injury action pursuant to CPLR 1013 for the purpose of asserting an equitable subrogation claim. Plaintiffs commenced this action seeking damages for injuries allegedly sustained...

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