TOWER INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY


31 A.D.3d 630 (2006)

817 N.Y.S.2d 919

TOWER INSURANCE COMPANY et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

July 18, 2006.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

A fire occurred in the defendant's insurance office in Mount Vernon. The plaintiff insurance companies are subrogees of their insureds whose property was damaged. They brought this action on the theory that the fire was caused by the defendant's negligence.

The defendant established its prima facie entitlement to summary judgment by submitting...

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