PETERSON v. NEW YORK STATE ELEC. & GAS CORP.

516423

115 A.D.3d 1029 (2014)

981 N.Y.S.2d 834

2014 NY Slip Op 1487

KENNETH E. PETERSON et al., Individually and as Parents and Guardians of ANDREW M. PETERSON et al., Infants, Plaintiffs, v. NEW YORK STATE ELECTRIC AND GAS CORPORATION et al., Respondents. ERIE INSURANCE COMPANY, as Subrogee of KENNETH E. PETERSON, Appellant.

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

Decided March 6, 2014.


Egan Jr., J.

Appeal from an order of the Supreme Court (O'Shea, J.), entered June 6, 2012 in Chemung County, which denied Erie Insurance Company's motion to sever its property damage subrogation claim from plaintiffs' personal injury action.

In December 2005, plaintiffs and their two children resided in a home located at 714 Fox Street in the Village of Horseheads, Chemung County, and plaintiff Kenneth E. Peterson, an auto mechanic, operated a business next...

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