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AMERICAN TR. INS. CO. v. SMILEY

Index No. 31560/19. Appeal No. 14488. Case No. 2020-02835.

198 A.D.3d 557 (2021)

157 N.Y.S.3d 4

2021 NY Slip Op 05807

American Transit Insurance Company, Respondent, v. Johann G. Smiley et al., Appellants.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

Scahill Law Group P.C., Bethpage ( Albert J. Galatan of counsel), for appellants.

The Stuttman Law Group, P.C., Purchase ( Dennis D. Murphy of counsel), for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.

The notice dated September 7, 2017, advising defendants' insurer of the payment of PIP benefits covering the medical bills of nonparty Damaris Ortiz and demanding reimbursement, establishes that plaintiff insurer's "right to subrogation `accrue[d] upon payment of the loss'" on September 5, 2017 (Fasso v Doerr, 12 N.Y.3d 80, 88 [2009], quoting Federal Ins. Co. v Arthur Andersen & Co., 75 N.Y.2d 366

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