Government Employees Insurance v. Burns Ford, Inc.

—In an action by an insurer to recover payments made to its insureds under a theory of subrogation, the defendant Burns Ford, Inc., appeals from an order of the Supreme Court, Suffolk County (Berler, J.), dated May 12, 1998, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiff had no right in subrogation to recover for…