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

2009 NY Slip Op 05533 [63 AD3d 1139]

June 30, 2009

Appellate Division, Second Department

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), forrespondent.

In a subrogation action to recover insurance benefits paid to the plaintiff's insured for thetheft of personal property, the defendant appeals from a judgment of the Supreme Court, QueensCounty (Geller, J.H.O.), entered September 29, 2008, which, after a nonjury trial, is in favor ofthe 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 onthe issue of liability. Mastro, J.P., Fisher, Eng and Hall, JJ., concur.