Encompass Insurance Co. of America v. Long Island Power Authority

In a subrogation action to recover insurance benefits paid to the plaintiffs insured, the defendant Long Island Yacht Club, Inc., appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated January 7, 2014, which denied its converted motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, and the appellant’s converted motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

Pursuant to a utility easement…