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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. LETUS

24 A.D.3d 655 (2005)

807 N.Y.S.2d 391

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., as Subrogee of RANDOLPH WALKER, Appellant, v. KIM F. LETUS et al., Respondents.

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

December 19, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff, State Farm Automobile Insurance Co. (hereinafter State Farm), as subrogee of Randolph Walker, commenced this action to recover additional personal injury protection (hereinafter APIP) benefits allegedly paid to its insured for damages arising from a motor vehicle accident with the defendants. The defendants moved to dismiss the complaint...

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