Ordered that the order is affirmed, with costs.
In 1994 the defendant entered into an oral contract with the plaintiff's insured to paint a portion of the floor of the plaintiff's insured's showroom for $2,000. During the course of performance, the plaintiff's insured's premises was heavily damaged by fire. The plaintiff paid its insured more than $800,000 for the loss. In 1998 it commenced the instant subrogation action asserting causes of action sounding in negligence...
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