NEW YORK MUNICIPAL INSURANCE RECIPROCAL AS SUBROGEE OF TOWN OF WOLCOTT PLAINTIFF RESPONDENT v. MAHONEY ENTERPRISES INC DEFENDANT RESPONDENT APPELLANT AND TITAN STEEL SERVICES INC DEFENDANT APPELLANT RESPONDENT (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

NEW YORK MUNICIPAL INSURANCE RECIPROCAL, AS SUBROGEE OF TOWN OF WOLCOTT, PLAINTIFF-RESPONDENT, v. W.P. MAHONEY ENTERPRISES, INC., DEFENDANT-RESPONDENT -APPELLANT, AND TITAN STEEL SERVICES, INC., DEFENDANT-APPELLANT -RESPONDENT.

CA 09-01657

Decided: April 30, 2010

PRESENT: CENTRA, J.P., CARNI, LINDLEY, GREEN, AND GORSKI, JJ.

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, ALBANY (THOMAS M. WITZ OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT. LIPPMAN O'CONNOR, BUFFALO (ROBERT H. FLYNN OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT. CONGDON, FLAHERTY, O'CALLAGHAN, REID, DONLON, TRAVIS & FISHLINGER, UNIONDALE (CHRISTINE GASSER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

ORDER

Appeal and cross appeal from an order of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered June 23, 2009 in a subrogation action. The order denied the motion of defendant Titan Steel Services, Inc. for summary judgment.

It is hereby ORDERED that said cross appeal is unanimously dismissed (see Moncion v Infra-Metals Corp., Div. of Preussag Intl. Co., 20 AD3d 310, 312; see also CPLR 5511) and the order is otherwise affirmed without costs.

Patricia L. Morgan

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network