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AUGELLO v. KOENIG-RIVKIN

56 A.D.3d 503 (2008)

867 N.Y.S.2d 211

LEONARD J. AUGELLO, Respondent, v. LAURA KOENIG-RIVKIN et al., Respondents. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Nonparty Appellant.

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

November 12, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

"CPLR 1004, the exception to the real party in interest rule, provides that an insured person who has executed a subrogation receipt or other similar agreement may sue without joining the person for whose interest the action is brought" (CNA Ins. Co. v Cacioppo Elec. Contrs., 206 A.D.2d 399, 400 [1994]). While an insurer also has the right to commence...

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