Travelers Indemnity Co. v. AA Kitchen Cabinet & Stone Supply, Inc.

In a subrogation action to recover insurance benefits paid to the plaintiffs insured, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Partnow, J.), dated November 29, 2011, as granted the cross motion of the defendant AA Kitchen Cabinet & Stone Supply, Inc., for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

As an initial matter, the Supreme Court properly considered the merits of the cross motion for summary judgment by the de*813fendant…