U.S. Fire Ins. v. Rockland Fire Equip. Co.

Full title: UNITED STATES FIRE INSURANCE COMPANY, Appellant, v. ROCKLAND FIRE…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 21, 1996

227 A.D.2d 289 (N.Y. App. Div. 1996)

642 N.Y.S.2d 314

Opinion

May 21, 1996

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).

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.