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State Farm Fire and Casualty v. Parking Systems Valet Service

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 30, 2009

STATE FARM FIRE AND CASUALTY, AS SUBROGEE OF JOSEPH N. MISK, RESPONDENT,
v.
PARKING SYSTEMS VALET SERVICE, APPELLANT.

In a subrogation action to recover insurance benefits paid to the plaintiff's insured for the theft of personal property, the defendant appeals from a judgment of the Supreme Court, Queens County (Geller, J.H.O.), entered September 29, 2008, which, after a non-jury trial, is in favor of the plaintiff and against it.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., STEVEN W. FISHER, RANDALL T. ENG and L. PRISCILLA HALL, JJ.

(Index No. 25150/04)

DECISION & ORDER

ORDERED that the judgment is affirmed, with costs.

Based on the evidence at trial, the Supreme Court properly found in favor of the plaintiff on the issue of liability.

MASTRO, J.P., FISHER, ENG and HALL, JJ., concur.

20090630

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