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MATTER OF ST. PAUL GUARDIAN INSURANCE CORPORATION v. POCATELLO FIRE DISTRICT

2011-03638.

90 A.D.3d 761 (2011)

935 N.Y.S.2d 43

2011 NY Slip Op 9132

In the Matter of ST. PAUL GUARDIAN INSURANCE CORPORATION, Appellant, v. POCATELLO FIRE DISTRICT, Respondent.

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

Decided December 13, 2011.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is granted.

On May 31, 2010, a fire truck owned by the petitioner's insured was struck by a fire truck owned by the Pocatello Fire District (hereinafter the respondent). The petitioner, as subrogee, sought to recover damages for injury to property sustained by its insured as a result of the collision, and filed...

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