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PREFERRED MUTUAL INSURANCE COMPANY v. CHIMNEY SWEEP

46 A.D.3d 866 (2007)

849 N.Y.S.2d 584

PREFERRED MUTUAL INSURANCE COMPANY, as Subrogee of ROSE VOLASKI and Another, Appellant, v. C. RUMBALSKI CHIMNEY SWEEP, Respondent.

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

Decided December 26, 2007.

Ordered that the judgment is affirmed, with costs.

Rose Volaski and Elliot Volaski, subrogors of the plaintiff, purchased a woodburning stove fireplace insert from the defendant. The manufacturer's instructions for the fireplace insert provided that any combustible floor in front of the fireplace hearth must be protected with 16 inches of noncombustible floor protector. The defendant installed the fireplace insert as part of the purchase price. At the time, the floor...

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