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LIBERTY MUTUAL INSURANCE COMPANY v. NORTON

2019-12847. Index No. 610231/17.

219 A.D.3d 718 (2023)

195 N.Y.S.3d 63

2023 NY Slip Op 04309

Liberty Mutual Insurance Company, as Subrogee of Joseph Yasso, Respondent, v. Terence Norton et al., Respondents, and Town of Brookhaven, Appellant.

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

Decided August 16, 2023.

Attorney(s) appearing for the Case

Zaklukiewicz, Puzo & Morrissey, LLP, Islip Terrace, NY (Joseph M. Puzo of counsel), for appellant.

Carman Callahan & Ingham, LLP, Farmingdale, NY (Jami C. Amarasinghe of counsel), for plaintiff-respondent.

Mintzer Sarowitz Zeris Ledva & Meyers, LLP, New York, NY (Thomas G. Darmody of counsel), for defendants-respondents.

Miller, J.P., Christopher, Warhit and Wan, JJ., concur.

In a subrogation action to recover certain damages paid by the plaintiff to its insured, the defendant Town of Brookhaven appeals from an order of the Supreme Court, Suffolk County (William G. Ford, J.), dated October 10, 2019. The order granted the motion of the defendants Terence Norton and Mercedes Norton for summary judgment dismissing the complaint and all cross-claims insofar as asserted against them and denied the cross-motion of the defendant Town of Brookhaven for...

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