ALLSTATE INS. CO. v. PARKSIDE FUEL, INC.

2021-03317. Index No. 618492/19.

219 A.D.3d 1396 (2023)

196 N.Y.S.3d 144

2023 NY Slip Op 04649

Allstate Insurance Company, as Subrogee of Joseph Cognitore, Appellant, v. Parkside Fuel, Inc., Doing Business as Parkside Fuel & Burner, Respondent.

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

Decided September 20, 2023.


Attorney(s) appearing for the Case

Nicolini, Paradise, Ferretti & Sabella, PLLC, Mineola, NY ( Neil Khiani and Joseph T. Darr of counsel), for appellant.

Marshall Dennehey Warner Coleman & Goggin, P.C., Melville, NY ( Mark J. Volpi of counsel), for respondent.

Connolly, J.P., Maltese, Wooten and Voutsinas, JJ., concur.


In a subrogation action to recover certain damages paid by the plaintiff to its insured, the plaintiff appeals from an order of the Supreme Court, Suffolk County (George Nolan, J.), dated April 19, 2021. The order granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On January 5, 2018, certain real property owned by nonparty Joseph Cognitore allegedly was damaged when pipes in Cognitore...

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