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  5. 98 A.D.2d 495 (1984)
 

MERCHS. INS CO v. ARZILLO

98 A.D.2d 495 (1984)

Merchants Mutual Insurance Company, as Subrogee of State Utilities, Inc., Appellant, v. Salvatore Arzillo, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 23, 1984

Attorney(s) appearing for the Case

Gwertzman, Pfeffer, Toker & Lefkowitz (Ellen Lefkowitz of counsel), for appellant.

LAZER, J. P., and BOYERS, J., concur with NIEHOFF, J.; GIBBONS, J., dissents and votes to affirm, with an opinion.

NIEHOFF, J.

On June 18, 1978 a fire occurred at the premises of State Utilities, Inc., in Lindenhurst, New York, causing serious damage to the building and its contents. The present action is brought by the plaintiff, Merchants Mutual Insurance Company, as subrogee of State Utilities, Inc., to recover the sum of $49,222.22 which Merchants Mutual expended for coverage of the loss under a fire insurance policy on the damaged premises.

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