National Union Fire Insurance of Pittsburgh, Pa. v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order of the Court of Claims of the State of New York (Melvin L. Schweitzer, J.), entered December 9, 2008, which denied claimant’s motion for summary judgment and granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Contrary to claimant’s contention, this is an action under Insurance Law § 3420. In both its motion for leave to file a late notice of claim and its amended claim, claimant relied on Insurance Law § 3420 (a) (2). Furthermore, “the subrogee possesses only such rights as the subrogor possessed, with no enlargement or…
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