Legal Opinion
Allstate Insurance v. Mazzola
District Court, S.D. New York
Decided July 18, 1997No. 96 CV 5421 (SAS)PublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
SCHEINDLIN, District Judge.
On July 19, 1996, Plaintiff filed a subrogation action 1 to recover $83,131.22 of the $133,637.22 in first-party benefits paid to its insured. Defendants seek summary judgment under Fed.R.Civ.P. 56 on the ground that, inter alia, neither New Jersey nor New York law provides Plaintiff with a viable right of action. For the reasons stated below, summary judgment is granted.
1. FACTUAL BACKGROUND
On July 21, 1993, Kevin Hall and his parents, Robert Hall and Gladys Hall, were passengers in a New Jersey-registered Jeep Wrangler operated by Kieran Mazzola…
2Cases cited11 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Lorenzo CHAMBERS, Plaintiff-Appellant, v. TRM COPY CENTERS CORPORATION, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1994
- Gibbs v. Hawaiian Eugenia Corp.Court of Appeals for the Second Circuit · 1992
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3Cited by1 opinion
- Allstate Insurance Company v. Kieron Mazzola and First Fidelity L.S. Group, Inc.Court of Appeals for the First Circuit · 1999