United States Fire Insurance v. Rockland Fire Equipment Co.

Appellate Division of the Supreme Court of New York

United States Fire Insurance v. Rockland Fire Equipment Co.

227 A.D.2d 289, 642 N.Y.S.2d 314, 1996 N.Y. App. Div. LEXIS 5389

Appellate Division of the Supreme Court of the State of New York·Decided May 21, 1996·Published·Cited by 3 cases

Opinion

Orders, Supreme Court, New York County (Beatrice Shainswit, J.), entered October 16 and December 12, 1995, which directed plaintiff to produce an employee of its subrogor for examination before trial, and, insofar as appealable, denied plaintiff’s motion to renew and directed it "to produce the witness, under subpoena or otherwise”, unanimously affirmed, with costs.

The subrogation agreement between plaintiff and its subrogor, in which the subrogor agreed to cooperate fully with plaintiff in its prosecution of subrogation actions such as this, establishes plaintiff’s control over its subrogor’s employees for purposes of disclosure (see, CPLR 3101 [a] [1], [2]). Plaintiff’s minimal attempts to produce such an employee are insufficient to excuse its failure to do so. Concur — Milonas, J. P., Ellerin, Rubin, Nardelli and Tom, JJ.

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Orders, Supreme Court, New York County (Beatrice Shainswit, J.), entered October 16 and December 12, 1995, which directed plaintiff to produce an employee of its subrogor for examination before trial, and, insofar as appealable, denied plaintiff’s motion to renew and directed it "to produce the witness, under subpoena or otherwise”, unanimously affirmed, with costs.

The subrogation agreement between plaintiff and its subrogor, in which the subrogor agreed to cooperate fully with plaintiff in its prosecution of subrogation actions such as this, establishes plaintiff’s control over its subrogor’s employees for purposes of disclosure (see, CPLR 3101 [a] [1], [2]). Plaintiff’s minimal attempts to produce such an employee are insufficient to excuse its failure to do so. Concur — Milonas, J. P., Ellerin, Rubin, Nardelli and Tom, JJ.

United States Fire Insurance v. Rockland Fire Equipment Co., 227 A.D.2d 289, 642 N.Y.S.2d 314, 1996 N.Y. App. Div. LEXIS 5389 (N.Y. Ct. App. 1996).

Pincite

227 A.D.2d 289 (United States Fire Insurance v. Rockland Fire Equipment Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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