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Metropolitan Property and Casualty Ins. Co. v. Claudio's Construction & Home Improvements

Supreme Court of New York, Second Department

May 22, 2013

Metropolitan Property and Casualty Insurance Company, as subrogee of Joe McLaughlin, appellant,
v.
Claudio's Construction and Home Improvements, respondent. Index No. 23730/08

Steven I. Hilsenrath, Valley Stream, N.Y., for appellant.

Morris Duffy Alonso & Faley, New York, N.Y. (Anna J. Ervolina of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, SANDRA L. SGROI, ROBERT J. MILLER, JJ.

DECISION & ORDER

In a subrogation action to recover insurance benefits paid by the plaintiff to its insured for injury to property, the plaintiff appeals from an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered November 10, 2011, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

Under the particular circumstances of this case, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.

MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.


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