Insurance Co. of State of Pennsylvania v. Just Management Corp.

In a subrogation action to recover money paid by the plaintiff to its insured for property damage, the plaintiff appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (Dorsa, J.), dated June 13, 2007, as, upon the granting of the defendant’s motion made at the close of evidence pursuant to CPLR 4401 for judgment as a matter of law, is in favor of the defendant and against it, dismissing the complaint.

Ordered that the judgment is reversed, on the law, the defendant’s motion pursuant to CPLR 4401 is denied, the complaint is reinstated, and the matter…