Paxton National Insurance v. Merchants Mutual Insurance

Order unanimously reversed, with costs, and petition dismissed. Memorandum: After a collision between automobiles insured by two companies respondent Paxton National Insurance Co. paid $118,180.48 in first-party benefits in accordance with the New *716York Comprehensive Automobile Insurance Reparations Act (Insurance Law, art 18). Four years later, after a jury verdict in Federal court found appellant’s (Merchants Mutual Insurance Co.) insured liable, respondent commenced an action in Supreme Court seeking by petition an order directing appellant to reimburse it for the total amount of…