Nationwide Mutual Fire Insurance v. Morgan Fuel & Heating Co.

In a subrogation action to recover benefits paid to the plaintiffs insured, the defendant/third-party plaintiff appeals (1) from so much of an order of the Supreme Court, Dutchess County (Sproat, J.), dated October 22, 2010, as denied those branches of its motion which were for the imposition of sanctions against the plaintiff and the third-party defendant based on spoliation of evidence, and (2) from an order of the same court dated June 6, 2011, which denied its motion for summary judgment dismissing the complaint and on its third-party cause of action for contractual indemnification.

Ordered…