PUB. SERV. MUT. INS. CO. v. TRI-CON CONSTR. CORP.


224 A.D.2d 508 (1996)

638 N.Y.S.2d 155

Public Service Mutual Insurance Company, as Subrogee of Do Do Ni Food Corp., Doing Business as Harborside Restaurant, Appellant, v. Tri-Con Construction Corp., Respondent

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

February 13, 1996


Ordered that the order is affirmed, with costs.

The plaintiff insurance company brought this action on behalf of its subrogor, a restaurant owner, for property damage caused by a fire. The plaintiff alleges that the defendant, during renovation of the premises in 1979, negligently installed an exhaust system in close proximity to a wooden joist in the infrastructure of the building, leading to the fire, which occurred in 1992.

The Supreme Court properly dismissed...

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