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USAA CAS. INS. CO. v. BROWN

206 A.D.2d 470 (1994)

614 N.Y.S.2d 571

USAA Casualty Insurance Company, as Subrogee of John J. Schaefer, Appellant, v. Larry W. Brown, Also Known as William L. Brown, Respondent

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

July 18, 1994

Ordered that the order is affirmed, with costs.

In May 1989, the USAA Casualty Insurance Company (hereinafter USAA) commenced this action, purportedly as the subrogee of John J. Schaefer, to recover $23,558.50 for damages caused by fire to premises owned by Schaefer and leased to the defendant tenant. The complaint alleged that the tenant was "negligent and careless in causing, permitting and allowing dangerous and unsafe conditions to exist such that a fire could...

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