Opinion
2002-1746 N C.
Decided February 26, 2004.
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.
PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.
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]).