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COLONIAL INDEMNITY INSURANCE COMPANY v. NYNEX

260 A.D.2d 833 (1999)

688 N.Y.S.2d 744

COLONIAL INDEMNITY INSURANCE COMPANY, as Subrogee of PATSY SALA, et al., Appellants-Respondents, v. NYNEX, Doing Business as NEW YORK TELEPHONE COMPANY, Respondent-Appellant.

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

Decided April 15, 1999.

Carpinello, J.

On September 8, 1994, the Landmark Restaurant in Greene County was destroyed by fire. Plaintiffs, Colonial Indemnity Insurance Company and Midrox Insurance Company, are the respective subrogees of the owners of the building (Pasquale Sala and Maria Sala) and the lessee of the restaurant (Route 23 Corporation). When the Salas purchased the property in October 1972, a wooden telephone booth containing a pay telephone and coin box was already present in...

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