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NEW YORK SCHOOLS INSURANCE RECIPROCAL v. HONEYWELL, INC.

55 A.D.3d 702 (2008)

NEW YORK SCHOOLS INSURANCE RECIPROCAL, as Subrogee of MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT, Appellant, v. HONEYWELL, INC., Respondent, et al., Defendants. (And a Third-Party Action.)

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

October 14, 2008.

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

The plaintiff commenced this action to recover $13 million in insurance proceeds paid to its insured Middle Country Central School District (hereinafter the District) for property damage caused by a fire at New Lane Memorial Elementary School (hereinafter the School). The plaintiff alleged, inter alia, that the School sustained increased smoke damage due to a defective

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