STATE FARM INSURANCE COMPANY v. NICHOLS


34 A.D.3d 994 (2006)

825 N.Y.S.2d 156

STATE FARM INSURANCE COMPANY, as Subrogee of JOHN J. McNAMEE, Appellant, v. PETER A. NICHOLS et al., Respondents.

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

Decided November 16, 2006.


Crew III, J.P.

In December 1999, a fire set by an unknown arsonist engulfed a two-story building owned by defendants Peter A. Nichols, Clarence Nichols and Clara Nichols, and located in the City of Oneida, Madison County. Prior to the fire, Peter Nichols leased the premises to defendant John F. Pitoniak, who operated a business on the first floor known as the Beaver's Den Tavern. The premises also included a small apartment on the second

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