Midstate Mutual Insurance v. Knebel

In a subrogation action to recover insurance benefits paid to the plaintiffs insured, the plaintiff appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated August 29, 2013, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant was driving his truck through a parking lot adjoining a building owned by Frank Rossi and insured by Midstate Mutual Insurance Company (hereinafter Midstate). The truck allegedly struck low-hanging communication lines, causing a service mast on the roof of the…