Empire Insurance v. Metropolitan Suburban Bus Authority

Order, Supreme Court, New York County (Charles Ramos, J.), entered August 3, 1988, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211, unanimously affirmed, without costs.

Plaintiff-appellant insurer, Empire Insurance Company (Empire), commenced this action on or about March 4, 1988, as subrogee, to recover no-fault benefits paid to its insured, Thomas Clerkin, on a claim arising from an automobile accident involving a bus owned by defendant, Metropolitan Suburban Bus Authority (MSBA), and driven by its employee. The accident occurred on July 17, 1985 at Jones…