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ECONOMY PREMIER ASSUR. CO. v. MIFLEX 2 S.P.A.

2020-03735. Index No. 615113/18.

212 A.D.3d 775 (2023)

182 N.Y.S.3d 189

2023 NY Slip Op 00303

Economy Premier Assurance Company, as Subrogee of Harvey Gessin and Another, Respondent, v. Miflex 2 S.p.A., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 25, 2023.

Attorney(s) appearing for the Case

Gerber Ciano Kelly Brady, LLP, Garden City, NY (Matthew S. Libroia and Brendan T. Fitzpatrick of counsel), for appellant.

Steven I. Hilsenrath, Valley Stream, NY (Dylan Faughey of counsel), for respondent.

Duffy, J.P., Rivera, Christopher and Voutsinas, JJ., concur.

In a subrogation action to recover damages for injury to property, the defendant appeals from an order of the Supreme Court, Nassau County (Denise L. Sher, J.), dated April 15, 2020. The order, insofar as appealed from, denied the defendant's cross motion pursuant to CPLR 3211(a)(8) to dismiss the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's cross motion pursuant to CPLR 3211(a)(8) to dismiss the...

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