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MATTER OF NATIONAL SURETY CORPORATION v. TOWN OF GREENBURGH

266 A.D.2d 550 (1999)

699 N.Y.S.2d 128

In the Matter of NATIONAL SURETY CORPORATION, Respondent, v. TOWN OF GREENBURGH, Appellant.

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

Decided November 29, 1999.

Ordered that the order is affirmed, with costs.

The petitioner is an insurance carrier that has been subrogated to the rights of L & J.G. Stickley, Inc. (hereinafter Stickley), a retailer of high-quality home furnishings. The petition alleges that as a result of a sewer system overflow on December 20, 1997, Stickley sustained severe property damage. The sewer system was owned, operated, and controlled by the Town of Greenburgh.

The Supreme Court did not...

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