Opinion
2001-10181
Argued June 18, 2002.
September 18, 2002.
In a subrogation action to recover the proceeds of a home insurance policy, the defendant appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated October 23, 2001, which denied its motion for summary judgment.
Kleinberg, Kaplan, Wolff Cohen, P.C., New York, N.Y. (Norris D. Wolff and Denise Rubin Glatter of counsel), for appellant.
Gallagher, Walker, Bianco Plastaras, Mineola, N.Y. (Dominic P. Bianco and Peter D. Lechleitner of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
ORDERED that the order is affirmed, with costs.
The defendant failed to meet its burden of establishing its entitlement to judgment as a matter of law (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557; Camacho v. East Ramapo Cent. School Dist., 262 A.D.2d 263).
The defendant's remaining contentions are without merit.
RITTER, J.P., FEUERSTEIN, ADAMS and RIVERA, JJ., concur.