Hudson Ins. Co. v David Morse & Assoc., Inc.
2011 NY Slip Op 00550 [81 AD3d 407]
February 1, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


Hudson Insurance Company, Plaintiff, and Westchester Surplus Lines Insurance Company, Respondent,
v
David Morse & Associates, Inc., Appellant.

—[*1] Hitchcock & Cummings LLP, New York (Christopher B. Hitchcock of counsel), for appellant.

London Fischer, LLP, New York (Daniel Zemann, Jr. of counsel), for respondent.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 27, 2010, denying defendant's motion for summary judgment dismissing the claims asserted by plaintiff Westchester, unanimously affirmed, with costs.

Supreme Court correctly denied defendant's motion for summary judgment dismissing Westchester's claims. Triable issues of material fact exist as to whether Westchester has standing as plaintiff Hudson's contractual or equitable subrogee (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Concur—Tom, J.P., Mazzarelli, Renwick, Freedman and Manzanet-Daniels, JJ.