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UTICA MUTUAL INSURANCE COMPANY v. JAN'S EURO MOTORS, INC.

Index No. 05-10145.

2008 NY Slip Op 32277 (U)

UTICA MUTUAL INSURANCE COMPANY, as subrogee of COMMACK AUTO COLLISION, INC., Plaintiff, v. JAN'S EURO MOTORS, INC. and JAN GIERTL, Defendant.

Supreme Court of the State of New York, Suffolk County.

Motion Date August 13, 2007.

Adj. Date January 16, 2008.

Attorney(s) appearing for the Case

McCARTHY & McCARTHY, Attorneys for Plaintiff, Kings Park, New York.

SCOTT LOCKWOOD, ESQ., Attorney for Defendants, Deer Park, New York.

PETER FOX COHALAN, Judge.

ORDERED that this motion (001) by the defendants, Jan's Euro Motors, Inc and Jan Giertl, pursuant to CPLR 3211(a)(1) and 3212 for summary judgment dismissing the complaint is granted pursuant to CPLR 3212 and the complaint of this action is dismissed.

This is an action for equitable subrogation wherein Utica Mutual Insurance Company (hereinafter Utica) as subrogee of Commack Auto Collision, Inc. seeks to recover...

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