Ordered that the judgment is reversed, on the law, the defendant's motion pursuant to CPLR 4401 is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial, with costs to abide the event.
The subject property, which was insured by the plaintiff, was damaged by a fire. After the plaintiff insurer reimbursed its subrogor, the property's receiver, for the fire loss, it commenced this action against the defendant...
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