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IN THE MATTER OF STATE FARM FIRE & CASUALTY COMPANY v. VILLAGE OF BRONXVILLE

24 A.D.3d 453 (2005)

805 N.Y.S.2d 651

In the Matter of STATE FARM FIRE & CASUALTY COMPANY, as Subrogee of KATE O'BRIAN et al., Respondent, v. VILLAGE OF BRONXVILLE et al., Respondents, and TOWN OF EASTCHESTER, Appellant. (Matter No. 1.) STATE FARM FIRE & CASUALTY COMPANY, as Subrogee of KATE O'BRIAN et al., Respondent, v. ED WILEY SLATE CO. et al., Defendants, and TOWN OF EASTCHESTER, Appellant. (Matter No. 2.)

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

December 5, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied and the proceeding is dismissed insofar as asserted against the Town of Eastchester, that branch of the cross motion which was to dismiss the complaint in the subrogation action insofar as asserted against the Town of Eastchester is granted, the proceeding insofar as asserted against the Village of Bronxville and the Eastchester...

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