State Farm Mutual Automobile Insurance v. Letus

In a subrogation action to recover insurance benefits paid to the plaintiffs insured, the plaintiff appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated January 13, 2005, which granted the defendants’ motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff, State Farm Automobile Insurance Co. (hereinafter State Farm), as subrogee of Randolph Walker, commenced this action to recover additional personal injury protection (hereinafter APIP) benefits allegedly paid to…