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ALLSTATE INS. CO. v. MAZZOLA

No. 96 CV 5421 (SAS).

986 F.Supp. 756 (1997)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. Kieran MAZZOLA and First Fidelity Leasing Group, Inc., Defendants.

United States District Court, S.D. New York.

July 18, 1997.

Attorney(s) appearing for the Case

John F. Cahill, James P. McCarthy, P.C., New York, NY, for Plaintiff.

Kevin E. Wolff, McElroy, Deutsch & Mulvaney, Morristown, NJ, for Defendants.

OPINION AND ORDER

SCHEINDLIN, District Judge.

On July 19, 1996, Plaintiff filed a subrogation action1 to recover $83,131.22 of the $133,637.22 in first-party benefits paid to its insured. Defendants seek summary judgment under Fed.R.Civ.P. 56 on the ground that, inter alia, neither New Jersey nor New York law provides Plaintiff with a viable right of action. For the reasons stated below, summary judgment is granted...

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