State Farm Mutual Automobile Insurance v. La Forte

— In a subrogation action brought by the plaintiff insurer State Farm Mutual Automobile Insurance Company (hereinafter State Farm) to recover first-party payments made to its insured, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Kelly, J.), entered March 10, 1986, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the judgment is reversed, on the law, with costs, the defendant’s motion for summary judgment is denied.

The plaintiff’s insured, Mary Ellen McCormack, was struck by the defendant’s car while she was crossing…