Liberty Mutual Fire Insurance v. Perricone

In an action by an insurer, as subrogee, to recover amounts it paid to its insured due to the negligence of defendants, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated July 2, 1976, which dismissed its complaint for failure to state a cause of action. Order reversed, with $50 costs and disbursements, and defendants’ motion to dismiss the complaint is denied. Matthew Buonpane, the son of the policy owner, and an insured under the policy, was injured while a passenger on a motorcycle owned by defendant Frank Perricone and operated by defendant Steven R. Perricone.…