Opinion
January 19, 1995
Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).
The same public policy considerations that prohibit an insurer from subrogating against its own insured for a claim arising from the very risk for which the insured was covered (see, North Star Reins. Corp. v. Continental Ins. Co., 82 N.Y.2d 281, 294-295) necessitate a dismissal of this action, wherein plaintiff insurer seeks to subrogate against its insured's employee, a nurse, in order to recoup what it paid out in settlement of a medical malpractice action that arose from the same facts as are alleged herein (see, Aetna Cas. Sur. Co. v. Greater N.Y. Mut. Ins. Co., 205 A.D.2d 433; Fireman's Ins. Co. v. Wheeler, 165 A.D.2d 141).
Concur — Ellerin, J.P., Ross, Williams and Tom, JJ.