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STATE FARM FIRE & CAS. CO. v. CAPITAL SEWER, INC.

2020-08948. Index No. 521425/19.

220 A.D.3d 701 (2023)

198 N.Y.S.3d 109

2023 NY Slip Op 04995

State Farm Fire & Casualty Company, as Subrogee of Nicholas Leonette, Respondent, v. Capital Sewer, Inc., et al., Appellants.

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

Decided October 4, 2023.

Attorney(s) appearing for the Case

Bruck LLP, Brooklyn, NY ( Yair Bruck of counsel), for appellants.

Law Offices of Stuart D. Markowitz, P.C. ( Thomas Torto , New York, NY [ Jason Levine ], of counsel), for respondent.

Duffy, J.P., Iannacci, Wooten and Genovesi, JJ., concur.

In a subrogation action to recover certain damages paid by the plaintiff to its insured, the defendants appeal from an order of the Supreme Court, Kings County (Kathy J. King, J.), dated October 22, 2020. The order, insofar as appealed from, denied that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against the defendant Hindy Klein.

Ordered that the order is affirmed insofar as appealed from, with...

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