Foley v. American Manufacturers Mutual Insurance

—In an action to declare the rights of the parties under a contract of insurance with respect to the retention of the proceeds of a recovery by the plaintiff in an underlying tort action, the plaintiff appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated August 20, 1997, which, inter alia, denied her motion for summary judgment and held that the defendant had a right to subrogation pursuant to the subject insurance policy issued by it to the plaintiff for a portion of the amount of the Additional Personal Injury Protection benefits paid to the plaintiff for her…