It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this subrogation action seeking recovery of $175,000 that it paid to its insured for water, smoke and loss of use damages resulting from a fire in an adjoining building owned by defendant. Plaintiff alleged that the fire was caused by arson and that the damages to the building of plaintiff's insured resulted from...
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