Home/Appellate Division of the Supreme Court of New York/Kelly v. Seager

Kelly v. Seager

163 A.D.2d 877, 558 N.Y.S.2d 403, 1990 N.Y. App. Div. LEXIS 9577
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 13, 1990
StatusPublished
Cited by12 cases

This text of 163 A.D.2d 877 (Kelly v. Seager) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelly v. Seager, 163 A.D.2d 877, 558 N.Y.S.2d 403, 1990 N.Y. App. Div. LEXIS 9577 (N.Y. Ct. App. 1990).

Opinion

Order unanimously affirmed with costs. Memorandum: The collateral source rule set forth in CPLR 4545 (c) does not apply to subrogation actions seeking to recover moneys paid by an insurer on a fire loss. The purpose of the statutory collateral source rule is to prevent multiple recoveries for the same loss by an injured party (see generally, 5 Weinstein-Korn-Miller, NY Civ Prac 4545.01). That purpose would not be served by its application to subrogation claims. Subrogation itself "exists to prevent double recovery by the insured and to force the wrongdoer to bear the ultimate costs” (Scinta v Kazmierczak, 59 AD2d 313, 316). Where, as here, the insurer has indemnified its insureds for their fire loss, the insurer is the real party in interest on the subrogation action (see, Siegel, NY Prac, § 137), and the pertinent issue, for purposes of CPLR 4545 (c), is whether the insurer stands to obtain a multiple recovery. Defendants do not contend that the insurer has, or will, receive moneys from a collateral source, and Supreme Court properly denied summary judgment. (Appeal from order of Supreme Court, Ontario County, Boehm, J.—summary judgment.) Present—Callahan, J. P., Denman, Green, Pine and Balio, JJ. [See, 144 Misc 2d 458.]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re September 11 Litigation
649 F. Supp. 2d 171 (S.D. New York, 2009)
In Re September 11th Litigation
590 F. Supp. 2d 535 (S.D. New York, 2008)
Principe v. City of New York
11 Misc. 3d 879 (New York Supreme Court, 2006)
Omiatek v. Marine Midland Bank, N.A.
9 A.D.3d 831 (Appellate Division of the Supreme Court of New York, 2004)
Kaczmarski v. Suddaby
9 A.D.3d 847 (Appellate Division of the Supreme Court of New York, 2004)
Excellus Health Plan, Inc. v. Federal Express Corp.
5 Misc. 3d 727 (New York Supreme Court, 2003)
Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.
113 F. Supp. 2d 345 (E.D. New York, 2000)
Berry v. St. Peter's Hospital
250 A.D.2d 63 (Appellate Division of the Supreme Court of New York, 1998)
Nossoughi v. Federated Department Stores, Inc.
175 Misc. 2d 585 (New York Supreme Court, 1998)
Berry v. St. Peter's Hospital
173 Misc. 2d 214 (New York Supreme Court, 1997)
Humbach v. Goldstein
229 A.D.2d 64 (Appellate Division of the Supreme Court of New York, 1997)
Niagara Frontier Transportation Authority v. Vosbeck, Vosbeck, Kendrick & Redinger, Inc.
236 A.D.2d 842 (Appellate Division of the Supreme Court of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
163 A.D.2d 877, 558 N.Y.S.2d 403, 1990 N.Y. App. Div. LEXIS 9577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-seager-nyappdiv-1990.