Chubb & Son, Inc. v. Riverside Tower Parking Corp.

—Order, Supreme Court, New York County (Emily Goodman, J.), entered May 15, 1998, which, inter alia, denied plaintiffs motion for summary judgment as to liability, unanimously affirmed, without costs.

In this action by a subrogation plaintiff to recover the value of a vehicle bailed to defendant’s parking garage, defendant submitted competent proof in opposition to plaintiffs summary judgment motion, showing that the vehicle was stolen at gunpoint, thus raising a triable issue in response to plaintiffs prima facie case. The police report of the theft was based on information from defendant’s…