Legal Opinion
State Farm Insurance v. J.P. Spano Construction, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 21, 2008PublishedCited by 4 opinions
1Opinion of the Court
In a subrogation action to recover insurance benefits paid to the plaintiff’s insureds, the plaintiff appeals from an order of the Supreme Court, Suffolk County (R. Doyle, J.), entered February 2, 2007, which granted the separate motions of the defendants for summary judgment dismissing the complaint insofar as asserted against each of them.
Ordered that the order is affirmed, with one bill of costs.
*825Contrary to the plaintiffs contention, the defendants were not required to plead the waiver-of-subrogation clause as an affirmative defense. The plaintiffs complaint was based, in part, on the very…
2Cases cited7 opinions
- North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993
- Kaf-Kaf, Inc. v. Rodless Decorations, Inc.New York Court of Appeals · 1997
- Bello v. Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- Carlson v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1970
- Liberty Mutual Insurance v. Perfect Knowledge, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Payson v. 50 Sutton Place South Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Payson v. 50 Sutton Place South Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Travelers Indemnity Co. v. AA Kitchen Cabinet & Stone Supply, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Travelers Indemnity Co. v. AA Kitchen Cabinet & Stone Supply, Inc.Appellate Division of the Supreme Court of the State of New York · 2013