District Court, S.D. New York July 10, 2002, CIV.A. 00 CIV. 8706CM (GAY) (Royal Insurance Co. of America v. Joseph Daniel Construction, Inc.)

DECISION DENYING DEFENSE MOTION TO PRECLUDE AND FOR SUMMARY JUDGMENT

McMAHON, District Judge.

This action involves an attempt by Royal Insurance Company of America (“Royal”) to recover in subrogation for the sum of $564,000 paid by Royal for fire damage to the property of its subrogors, Patrick and Linda Magee.