Hudson Insurance Company, Plaintiff–Respondent, v. AK LLC (2011)

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

Hudson Insurance Company, Plaintiff–Respondent, v. AK Construction Co., LLC, et al., Defendants, Panasia Estates, Inc., Defendant–Appellant.

4784

Decided: April 14, 2011

Mazzarelli, J.P., Friedman, Acosta, DeGrasse, Román, JJ.

Peckar & Abramson, P.C., New York (Michael S. Zicherman of counsel), for appellant. White Fleischner & Fino, LLP, New York (Nicholas L. Paone of counsel), for respondent.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered July 19, 2010, which, insofar as appealed from, denied defendant Panasia Estates, Inc.'s motion to dismiss the complaint as against it, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment in favor of Panasia Estates, Inc. dismissing the complaint as against it.

Given the motion court's ruling that plaintiff's declaratory judgment complaint constituted a timely action for anticipatory subrogation against defendant AK Construction Co., LLC, plaintiff's claims against Panasia, which were predicated solely on the concern that it might have lost that potential subrogation right as a result of Panasia's failure to bring a timely suit against AK Construction, should have been dismissed as moot.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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