273 A.D. 97 | N.Y. App. Div. | 1948
Defendant, Binghamton Gas Works, appeals from order striking out from the answers affirmative defenses that the plaintiffs are not the real parties in interest. The complaint in each action seeks to recover damages for the negligent conduct of defendant-contractors in breaking a gas main belonging to appellant and for the negligence of the latter in making repairs, which it is asserted caused a fire and explosion damaging the plaintiff’s real property. The portion of the answers which was stricken out alleged that plaintiffs were insured and that the Pioneer Fire Insurance Company of Greens-ville, New York, having paid the loss, became the owner by assignment and subrogation of any cause of action that existed against the defendants.
The order should be reversed on the law and facts, with $25 costs on one appeal and disbursements.
Heeeernan, Foster and Russell, JJ., concur; Brewster, J., taldng no part.
Order reversed on the law and facts, with $25 costs on one appeal and disbursements.