In Motors Ins. Corp v. Coral Service Corp. (100 Misc. 2d 468 [Civ Ct, New York 1979]), the court found that a defendant's counterclaim against the plaintiff subrogee could be used as a setoff of damages. The court maintained that when applying comparative negligence standards, the "plaintiff can pursue the claim without risk of an affirmative judgment against it and the defendant can fight the claim with all available weapons." (Id. at 470.) The court emphasized that the "all or nothing" contributory negligence standard of Occidental is no longer applicable to counterclaims against subrogee. (Id. at 470.)