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EMPLOYERS' FIRE INSURANCE COMPANY v. BROOKNER

47 A.D.3d 754 (2008)

850 N.Y.S.2d 554

EMPLOYERS' FIRE INSURANCE COMPANY, Respondent, v. ANDREW BROOKNER, Appellant, et al., Defendants.

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

Decided January 22, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The medical office of the defendant Andrew Brookner was located on the third floor of a building owned by the plaintiff's subrogor RAIA Realty Corp. (hereinafter RAIA). The other medical offices in the building sustained heavy water damage when a water hose on Brookner's surgical laser machine burst. The plaintiff insurance carrier paid the claims of its insureds, RAIA, A.E.M. Optical, Inc.,...

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