MIDSTATE MUT. INS. CO. v. KNEBEL

2013-10866

128 A.D.3d 1032 (2015)

10 N.Y.S.3d 288

2015 NY Slip Op 04460

MIDSTATE MUTUAL INSURANCE COMPANY, as Subrogee of Franco Rossi, Jr., Appellant, v. BRUCE KNEBEL, Respondent.

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

Decided May 27, 2015.


In a subrogation action to recover insurance benefits paid to the plaintiff's insured, the plaintiff appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated August 29, 2013, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant was driving his truck through a parking lot adjoining a building owned by Frank Rossi and insured by Midstate Mutual Insurance...

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