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PHOENIX INS. CO. v. STAMELL

21 A.D.3d 118 (2005)

796 N.Y.S.2d 772

PHOENIX INSURANCE COMPANY, as Subrogee of the COLLEGES OF THE SENECA, Respondent, v. ANNE DANIELS STAMELL, Appellant.

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

June 10, 2005.

Attorney(s) appearing for the Case

Morrison Mahoney LLP, New York City (Arthur J. Liederman of counsel), for appellant.

Law Office of Laurie G. Ogden, Syracuse (Joseph R. Pacheco, II, of counsel), for respondent.

SCUDDER, J.P., KEHOE, SMITH and PINE, JJ., concur.

OPINION OF THE COURT

HAYES, J.

Plaintiff, Phoenix Insurance Company (Phoenix), as subrogee of the Colleges of the Seneca (Colleges), commenced this action seeking judgment in the amount of the damages sustained by the Colleges for property damage caused by the alleged negligence of defendant, a student at the Colleges. The issue presented on this appeal is one of first impression in New York, i.e., whether...

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