Steenburg v. Harry Braunstein

LAYTON, Judge. Defendant has moved first to dismiss the complaint upon the ground that Plaintiff is not the real party in interest within the meaning of Rule 17(a) of the Rules of the Superior Court which is identical with Fed.Rules Civ.Proc. rule 17(a), 28 U.S.C.A. The Rule reads 'Every action shall be prosecuted in the name of the real party in interest * * *.' Defendant contends that this motion presents squarely the question whether an Insured is entitled to maintain an action in his own name against a third party for damages despite the fact that he has been fully paid for his loss by an insurance carrier under a so-called loan agreement.