Federal Insurance v. Hansen

Order of the Supreme Court, Westchester County (Lucille Polk Buell, J.), entered September 8, 1988, which, upon reargument, adhered to a prior determination granting the defendant’s motion for summary judgment dismissing the complaint on the ground that Insurance Law § 5105 (b) required the arbitration of plaintiffs claim, unanimously modified, on the law, to the extent of denying defendant’s motion for summary judgment and reinstating the complaint, and otherwise affirmed, with costs.

As should have been clear from the complaint, plaintiff subrogee seeks to recover amounts paid by it to its…