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ALLSTATE INS. CO. v. HARBOR FUEL CO., INC.

248 A.D.2d 495 (1998)

669 N.Y.S.2d 885

Allstate Insurance Company, as Subrogee of Mario Sbarro, et al., Respondents, v. Harbor Fuel Company, Inc., Appellant

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

March 16, 1998

Ordered that the order is affirmed, with costs.

The plaintiffs alleged that a heating system owned by the plaintiffs Mario Sbarro and Annunziatina Sbarro failed due to the defendant's negligent maintenance of the system, causing a water pipe to freeze and burst and resulting in flooding and property damage. Contending that the plaintiffs' theory was based on speculation alone, and that the evidence indicated that the heating...

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