LUMBERMENS MUT. CAS. CO. v. MORSE SHOE CO.


218 A.D.2d 624 (1995)

630 N.Y.S.2d 1003

Lumbermens Mutual Casualty Company, Appellant, v. Morse Shoe Company, Doing Business as Fayva Shoe Store and Another, Respondent

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

August 31, 1995


Plaintiff's insured sustained a loss as the result of a fire that started in premises occupied by defendant. Plaintiff paid the claim of its insured for loss of inventory in the amount of $82,611. In this action, it asserts a claim, as subrogee, to recover against defendant on the theory that the fire was the result of defendant's negligence. However, between the date of the loss and the date plaintiff commenced this action, defendant underwent reorganization pursuant to...

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