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NATIONWIDE MUT. INS. CO. v. U.S. UNDERWRITERS INS. CO.

2970. 161856/14.

151 A.D.3d 504 (2017)

2017 NY Slip Op 04774

59 N.Y.S.3d 1

NATIONWIDE MUTUAL INSURANCE COMPANY, as Subrogee of Artimus Construction Corp., Inc., et al., Appellants, v. U.S. UNDERWRITERS INSURANCE COMPANY, Respondent.

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

Decided June 13, 2017.

Our dissenting colleague has accurately related the facts of this case and the general principles of collateral estoppel and res judicata, and they need not be repeated here. We differ only in how those principles apply to the facts of this case.

There is no dispute that plaintiff Artimus is the subrogee of nonparty Armadillo's rights and thus is in privity with Armadillo. As the subrogee of Artimus, plaintiff Nationwide...

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