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HUNTER v. OOIDA RISK

2008-10783, 2010-07834.

79 A.D.3d 1 (2010)

909 N.Y.S.2d 88

ROHAN M. HUNTER, Respondent, v. OOIDA RISK RETENTION GROUP, INC., Appellant, and USAA CASUALTY INSURANCE COMPANY, Respondent.

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

Decided October 5, 2010.

Attorney(s) appearing for the Case

Salter & Sachs, New York City ( Gary C. Sachs of counsel), for appellant.

Gordon & Haffner, LLP, Harrison ( David Gordon of counsel), for Rohan M. Hunter, respondent.

Penino & Moynihan, LLP, White Plains ( Scott D. Taffet of counsel), for USAA Casualty Insurance Company, respondent.

FISHER, J.P., SANTUCCI and CHAMBERS, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

Introduction

The plaintiff, driving a truck registered in New York, was involved in a motor vehicle accident in Connecticut with a car that was registered in Connecticut, driven by nonparty Chelsea L. Gubbins, and owned by nonparty Robin L. Lesinski. As a result of the accident, the defendant OOIDA Risk Retention Group, Inc. (hereinafter OOIDA) paid to the plaintiff...

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