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AGWAY INS. CO. v. P AND R TRUSS CO., INC.

11 A.D.3d 975 (2004)

783 N.Y.S.2d 189

AGWAY INSURANCE COMPANY, as Subrogee of PAUL TILLOTSON, Respondent, v. P AND R TRUSS COMPANY, INC., et al., Respondents. PAUL E. TILLOTSON, Appellant.

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

October 1, 2004.

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

Memorandum:

Supreme Court properly denied the motion of Paul E. Tillotson seeking permission to intervene in this action pursuant to CPLR 1012 (a) (2) "and/or" 1013. Plaintiff commenced this action as subrogee of Tillotson to recover Tillotson's insured loss in the approximate amount of $68,000 resulting...

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