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SELECTIVE INSURANCE COMPANY v. NORTHEAST FIRE PROTECTION SYSTEMS, INC.

300 A.D.2d 883 (2002)

752 N.Y.S.2d 145

SELECTIVE INSURANCE COMPANY, Formerly Known as EXCHANGE INSURANCE COMPANY, as Subrogee of BBD ENTERPRISES, INC., et al., Respondent, v. NORTHEAST FIRE PROTECTION SYSTEMS, INC., Appellant.

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

Decided December 19, 2002.

Lahtinen, J.

In November 1988, defendant installed a sprinkler system in a building insured by plaintiff in the Town of Tannersville, Greene County. Defendant subsequently inspected the sprinkler system on June 16, 1992. A fire damaged the premises on April 2, 1996. In May 1998, plaintiff filed a complaint alleging causes of action premised upon negligence and breach of contract. Although the complaint and bill of particulars asserted that defendant conducted subsequent...

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