Utica First Insurance v. Infinity Mechanical & Heating, Inc.

In a subrogation action to recover insurance benefits paid to the plaintiffs insured, the plaintiff appeals from an order of the Supreme Court, Kings County (F. Rivera, J.), dated October 18, 2013, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff issued a commercial property insurance policy to Michele Maniscalco and her husband, Salvatore Maniscalco, for the premises located at 430 Jefferson Street in Brooklyn. Thereafter, Michele Maniscalco, as lessor, executed a lease with the defendant, Infinity…