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HUDSON INSURANCE CO. v. AK CONSTRUCTION CO., LLC

6811, 602106/09.

92 A.D.3d 521 (2012)

938 N.Y.S.2d 430

2012 NY Slip Op 1133

HUDSON INSURANCE CO., Respondent, v. AK CONSTRUCTION CO., LLC, Appellant, et al., Defendants.

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

Decided February 14, 2012.

Contrary to defendant's contention, there is no rule that a subrogation claim can be brought only by impleader under CPLR 1007 (see e.g. Allianz Underwriters Ins. Co. v Landmark Ins. Co., 13 A.D.3d 172 [2004]). The claim may be brought either as an impleader or by separate plenary action. Indeed, the language of CPLR 1007 is permissive, rather than mandatory, and nowhere suggests that an impleader action is the only vehicle available...

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