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DAIMLER CHRYSLER INS. CO. v. NEW YORK CENT. MUT. FIRE INS. CO.

14278, 101314/10.

125 A.D.3d 518 (2015)

DAIMLER CHRYSLER INSURANCE COMPANY, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE CO., Respondent.

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

Decided February 19, 2015.

The underlying personal injury action was discontinued by stipulation, to which plaintiff's insured was a signatory, agreeing that all cross claims between the defendants in that action were "discontinued and waived." The stipulation contained no reservation of any insurer's subrogation rights (see Weinberg v Transamerica Ins. Co., 62 N.Y.2d 379, 381-382 [1984]; Ziegler v Raskin, 100 A.D.2d 814...

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