Opinion
June 1, 1998
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the appeal from the order is dismissed as no appeal lies from an order denying reargument; and it is further,
Ordered that the judgment is reversed, on the law, the defendant's motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Kings County, for entry of a judgment declaring that the defendant is not obligated to pay defense and indemnification costs to the plaintiff in connection with the underlying action; and it is further,
Ordered that the defendant is awarded one bill of costs.
The plaintiff has no right of subrogation against the defendant's insured Tar Messenger Service (see, North Star Reins. Corp. v. Continental Ins. Co., 82 N.Y.2d 281; Federal Ins. Co. v. Ryder Truck Rental, 82 N.Y.2d 909; Liberty Mut. Ins. Co. v. Aetna Cas. Sur. Co., 235 A.D.2d 523). Therefore, the defendant is not obligated to tender its policy towards settlement of the underlying case on behalf of Tar Messenger Service.
The remaining contentions are without merit.
O'Brien, J. P., Pizzuto, Joy and Florio, JJ., concur.