Commercial Union Insurance v. V. Garofalo Carting Inc.

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about April 13, 2001, which, inter alia, granted the motion of plaintiff in action No. 1 for summary judgment as to liability and denied defendants’ motion for summary judgment dismissing the complaints in both actions, unanimously modified, on the law, and upon a search of the record, to grant plaintiff in action No. 2 summary judgment as to liability, and otherwise affirmed, without costs.

The insurer subrogees were entitled to summary judgment *155on the issue of liability where defendants failed to come forward with…