Walsh v. City of New York

Full title: RICHARD WALSH et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants…

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

Date published: May 13, 1996

227 A.D.2d 470 (N.Y. App. Div. 1996)

643 N.Y.S.2d 362

Opinion

May 13, 1996

Appeal from the Supreme Court, Queens County (Price, J.).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the third-party defendant's motion which were to dismiss the first and second causes of action in the third-party complaint are granted, and the third-party complaint is dismissed in its entirety.

The Supreme Court should have dismissed the first and second causes of action in the third-party complaint because those causes of action are barred by the antisubrogation rule ( see, Tempesta v. City of New York, 214 A.D.2d 723). Thompson, J.P., Santucci, Joy and Altman, JJ., concur.