Superstorm Sandy Subrogation Action Survives N.J. Town’s Bid for Summary Judgment

MINEOLA, N.Y. — A New York state judge has denied a town’s motion for summary judgment in a Superstorm Sandy subrogation action, saying questions of fact exist as to whether the town negligently ignored a dangerous condition that allegedly contributed to the damage to an insured’s home.

In a Sept. 9 order, Judge Anthony L. Parga of the Nassau County Supreme Court noted that the policyholder had sent a written complaint to the town that two trees in front of his residence created a dangerous condition.

Robert Persons’ residence was damaged on Oct. 29, 2012, during Superstorm Sandy by tree …