Ordered that the order is reversed, on the law, with costs, and the motion is denied.
A commercial building owned by Richard York of Riverhead, Inc. (hereinafter York), was destroyed by a fire on November 23, 1987. The building was insured for fire loss by the Insurance Company of North America (hereinafter INA). INA paid York, its insured, more than $230,000 under the relevant insurance policy.
INA commenced the instant action, as the subrogee of York, against...
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