National Grange Mutual Insurance v. Utica Mutual Insurance

Appeal from an order of the Supreme Court, Lewis County (Joseph D. McGuire, J.), entered February 4, 2003. The order granted plaintiff’s motion for summary judgment on the amended complaint and denied defendant’s cross motion for summary judgment dismissing the amended complaint in an action to recover damages.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiff’s motion and as modified the order is affirmed without costs.

*1046Memorandum: Plaintiff, as subrogor of its insureds, commenced this action pursuant to…