New York Central Mutual Fire Insurance v. Barry

In an action for equitable subrogation, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated October 9, 2008, which denied its motion for summary judgment on its claim for contribution against the defendant, and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the plaintiffs motion for summary judgment on its claim for contribution against the defendant is granted, the defendant’s cross motion for summary judgment dismissing the complaint is denied, and the…