Commissioners of the State Insurance Fund v. Insurance Co. of North America

Order, Supreme Court, New York County (Beverly Cohen, J.), entered April 20, 1990, which granted the plaintiffs motion for summary judgment as to its first cause of action but denied it as to its second cause of action, and denied the defendant’s cross-motion for summary judgment dismissing the complaint, unanimously modified, on the law to grant the defendant’s cross-motion for summary judgment to the extent of dismissing the second cause of action, and otherwise unanimously affirmed, without costs.

This is an action by an insurer to recover another insurer’s pro rata contribution to a…