Mount Hawley Ins. Co. v Interstate Fire & Cas. Co.

Mount Hawley Ins. Co. v Interstate Fire & Cas. Co. 2012 NY Slip Op 06113 Decided on September 11, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 11, 2012
Tom, J.P., Andrias, Moskowitz, Acosta, Abdus-Salaam, JJ.
7878 100812/09

[*1]Mount Hawley Insurance Company, Plaintiff-Respondent,

v

Interstate Fire and Casualty Company, Defendant-Appellant.




Rivkin Radler LLP, Uniondale (Stuart M. Bodoff of counsel),
for appellant.
Goldberg Segalla, LLP, Buffalo (Joanna Roberto of counsel),
for respondent.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered March 2, 2011, which granted defendant's motion to reargue an order, same court and Justice, entered July 22, 2010, consolidating the instant declaratory judgment action with the third-party indemnification action entitled 49 Laight St. Assocs. v The Helix Group, (New York County Index No. 116634/05), and upon reargument, adhered to its initial decision, unanimously affirmed, without costs.

The motion court providently exercised its discretion in consolidating the two actions. At issue in both actions is a determination of which subrogee insurance company will ultimately be responsible for payment of the settlement in the underlying personal injury litigation (CPLR § 602[a]).

We have considered the remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: SEPTEMBER 11, 2012

CLERK