Travelers Indemnity Co. of America v. More Buying Power, Inc.

In a subrogation action to recover for payments by the plaintiff to its insured for injury to property (action No. 1), and an action, inter alia, to recover damages for injury to property (action No. 2), the defendant in both actions appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated February 25, 2009, which denied its motion for summary judgment dismissing the complaints in both actions.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaints in both actions is granted.

Travelers…