AMERICAN GUARANTY & LIABILITY INSURANCE CO. v. FEDERICO'S SALON, INC.

1198, 114127/04.

66 A.D.3d 521 (2009)

888 N.Y.S.2d 468

2009 NY Slip Op 7350

AMERICAN GUARANTY & LIABILITY INSURANCE CO., as Subrogee of Tom James Company, Doing Business as OxxFORD CLOTHES, Appellant, v. FEDERICO'S SALON, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 15, 2009.


Plaintiff, as subrogee of Oxxford Clothes, seeks to recover for property damage resulting when a toilet on the unoccupied fourth floor of the commercial building in which Oxxford was a tenant became clogged and overflowed, flooding Oxxford's store and destroying its inventory. At the time, Federico's leased the fifth floor of the building and was renovating its space.

Federico's made a prima facie showing of entitlement to judgment as a matter of law, as it demonstrated...

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