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CAPITAL MUT. INS. CO. v. NIAGARA MOHAWK POWER CORP.

137 A.D.2d 877 (1988)

Capital Mutual Insurance Company, Appellant, v. Niagara Mohawk Power Corporation et al., Respondents

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

February 4, 1988

Weiss, J.

Plaintiff is the subrogee of Anna P. Cousins, the former owner of the Massena Diner in the Town of Massena, St. Lawrence County, which was damaged by fire on July 23, 1982, having paid Cousins upon its policy of fire insurance covering the premises. Plaintiff commenced this action against defendants, Niagara Mohawk Power Corporation and the Town of Massena, seeking money damages for the fire loss. Prior to May 1981, the electrical distribution...

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