Metropolitan Prop. & Cas. Ins. Co. v Claudio's Constr. & Home Improvements
2013 NY Slip Op 03643 [106 AD3d 963]
May 22, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 26, 2013


Metropolitan Property and Casualty Insurance Company, as Subrogee of Joe McLaughlin, Appellant,
v
Claudio's Construction and Home Improvements, Respondent.

—[*1] Steven I. Hilsenrath, Valley Stream, N.Y., for appellant.

Morris Duffy Alonso & Faley, New York, N.Y. (Anna J. Ervolina of counsel), for respondent.

In a subrogation action to recover insurance benefits paid by the plaintiff to its insured for injury to property, the plaintiff appeals from an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered November 10, 2011, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Under the particular circumstances of this case, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. Mastro, J.P., Leventhal, Sgroi and Miller, JJ., concur.