MERRIMACK MUTUAL FIRE INSURANCE COMPANY, AS SUBROGEE OF LARRY SILVER AND JULIETTE SILVER, ap, v. LONG ISLAND POWER AUTHORITY, ET AL., res

MATTER OF MERRIMACK MUTUAL FIRE INSURANCE COMPANY, AS SUBROGEE OF LARRY SILVER AND JULIETTE SILVER, ap, v. LONG ISLAND POWER AUTHORITY, ET AL., res — (MATTER NO. 2) (INDEX NOS. 248/14, 249/14)In a subrogation action to recover damages for injury to property, and a related proceeding pursuant to General Municipal Law §50-e to deem a late notice of claim timely served nunc pro tunc, Merrimack Mutual Fire Insurance Company, as subrogee of Larry Silver and Juliette Silver, appeals from an order of Supreme Court, Nassau County (Mahon, J.), entered August 13, 2015, which denied its motion, in effect, pursuant to CPLR 5015 to vacate so much of an order of the same court entered October 6, 2014, as granted that branch of the defendants' unopposed cross motion which was to dismiss the complaint insofar as asserted against the defendant National Grid.

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MATTER OF MERRIMACK MUTUAL FIRE INSURANCE COMPANY, AS SUBROGEE OF LARRY SILVER AND JULIETTE SILVER, ap, v. LONG ISLAND POWER AUTHORITY, ET AL., res — (MATTER NO. 2) (INDEX NOS. 248/14, 249/14)In a subrogation action to recover damages for injury to property, and a related proceeding pursuant to General Municipal Law §50-e to deem a late notice of claim timely served nunc pro tunc, Merrimack Mutual Fire Insurance Company, as subrogee of Larry Silver and Juliette Silver, appeals from an order of Supreme Court, Nassau County (Mahon, J.), entered August 13, 2015, which denied its motion, in effect, pursuant to CPLR 5015 to vacate so much of an order of the same court entered October 6, 2014, as granted that branch of the defendants’ unopposed cross motion which was to dismiss the complaint insofar as asserted against the defendant National Grid.

ORDERED that the order entered August 13, 2015, is reversed, on the law and in the exercise of discretion, with costs, the motion of Merrimack Mutual Fire Insurance Company, as subrogree of Larry Silver and Juliette Silver, in effect, pursuant to CPLR 5015 to vacate so much of the order entered October 6, 2014, as granted that branch of the defendants’ unopposed cross motion which was to dismiss the complaint insofar as asserted against the defendant National Grid is granted, and the matter is remitted to the Supreme Court, Nassau County, for a determination, on the merits, of that branch of the defendants’ cross motion which was to dismiss the complaint insofar as asserted against the defendant National Grid.

MERRIMACK MUTUAL FIRE INSURANCE COMPANY, AS SUBROGEE OF LARRY SILVER AND JULIETTE SILVER, ap, v. LONG ISLAND POWER AUTHORITY, ET AL., res

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