Legal Opinion
Rawson v. Pyramid Champlain Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1993PublishedCited by 2 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted summary judgment dismissing the third-party action on the ground that the real party in interest, CNA Insurance Companies, is attempting through the third-party action to be subrogated to a claim against its own insured (see, Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 468; Fowler v Stillwater Assocs., 169 AD2d 226, 227-228). Further, by requiring third-party defendant to procure insurance naming itself as an additional insured, third-party plaintiff waived any right of contribution or…
2Cases cited5 opinions
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- Rocovich v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Michalak v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Fowler v. Stillwater Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by2 opinions
- North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993
- North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993