MERCHS. MUT. INS. CO. v. SURREY ELEC. CO., INC.


130 A.D.2d 721 (1987)

Merchants Mutual Insurance Company, as Subrogee of Sox Box of Forest Hills, Inc., Respondent, v. Surrey Electric Company, Inc., Appellant. (And Other Actions.)

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

May 26, 1987


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is denied.

On January 9, 1984, the defendant installed an electric heating system consisting of a ceiling-suspended unit heater, and a wall-mounted line voltage thermostat in the insured premises, a women's apparel store. On the evening of December 24, 1984, a fire broke out in the store. In the opinion of the plaintiff's expert, the defendant...

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