Oprea v. New York City Housing Authority
Opinion of the Court
Order, Supreme Court, Bronx County (Anne Tar gum, J.), entered September 3, 1996, which, insofar as appealed from, dismissed the third-party complaint, unanimously modified, on
Third-party plaintiff agrees that the anti-subrogation rule bars its third-party claim up to the amount of the insurance coverage purchased for it by third-party defendant, but argues against such a bar to the extent its exposure to plaintiff exceeds such coverage. However, any questions concerning the right to indemnification for a loss in excess, of the primary coverage are premature at this stage (see, Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 473).
Motion denied insofar as it seeks a stay of trial and/or leave to appeal to the Court of Appeals; motion granted insofar as reargument / clarification is sought and thereupon this Court’s unpublished decision and order entered on April 1, 1997 (appeal No. 60431) is recalled and vacated and a new decision and order decided simultaneously. Concur—Milonas, J. P., Wallach, Nardelli and Tom, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.