Kearney v Fahey

[*1] Kearney v Fahey 2004 NY Slip Op 50400(U) Decided on February 26, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 26, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2002-1746 N C

COLLEEN KEARNEY, Respondent,

against

JOANNE FAHEY, Appellant.

Appeal by defendant from a small claims judgment of the District Court, Nassau County (D. Gross, J.), entered June 20, 2002, in favor of plaintiff in the principal sum of $1,865.73.

Judgment unanimously reversed without costs and action dismissed.

Plaintiff, having been reimbursed under the collision rider of her insurance policy for the damages to her vehicle less her deductible, was not entitled to maintain this action against defendant for her alleged negligence absent proof of a release from her insurance company and notification that it was not pursuing its subrogation claim (see 71 NY Jur 2d, Insurance § 2173; 11 NYCRR 216.7 [g] [3-6]).
Decision Date: February 26, 2004