State Farm Fire & Cas. v Parking Sys. Valet Serv.

State Farm Fire & Cas. v Parking Sys. Valet Serv. 2009 NY Slip Op 05533 [63 AD3d 1139] June 30, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 5, 2009

State Farm Fire and Casualty, as Subrogee of Joseph N. Misk, Respondent,
v
Parking Systems Valet Service, Appellant.

—[*1] Stephen David Fink, Forest Hills, N.Y., for appellant.

Serpe, Andree & Kaufman, Huntington, N.Y. (Cynthia G. Gamana of counsel), for respondent.

In a subrogation action to recover insurance benefits paid to the plaintiff's insured for the theft of personal property, the defendant appeals from a judgment of the Supreme Court, Queens County (Geller, J.H.O.), entered September 29, 2008, which, after a nonjury trial, is in favor of the plaintiff and against it.

Ordered that the judgment is affirmed, with costs.

Based on the evidence at trial, the Supreme Court properly found in favor of the plaintiff on the issue of liability. Mastro, J.P., Fisher, Eng and Hall, JJ., concur.