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NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. STATE

2669, 106936

72 A.D.3d 620 (2010)

901 N.Y.S.2d 176

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 29, 2010.

Contrary to claimant's contention, this is an action under Insurance Law § 3420. In both its motion for leave to file a late notice of claim and its amended claim, claimant relied on Insurance Law § 3420 (a) (2). Furthermore, "the subrogee possesses only such rights as the subrogor possessed, with no enlargement or diminution" (Allstate Ins. Co. v Stein, 1 N.Y.3d 416, 421 [2004] [internal quotation marks omitted])...

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