106 A.D.3d 963
N.Y. App. Div.
2013

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, as Subrogee of Joe McLaughlin, Appellant, v CLAUDIO’S CONSTRUCTION AND HOME IMPROVEMENTS, Respondent.

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

November 10, 2011

965 N.Y.S.2d 371

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.