ONE BEACON INSURANCE COMPANY v. CMB CONTRACTING CORP.

2010-08494.

84 A.D.3d 902 (2011)

921 N.Y.S.2d 904

ONE BEACON INSURANCE COMPANY, as Subrogee of HOWARD BLADY, Respondent, v. CMB CONTRACTING CORP., Doing Business as MID ISLAND CONTRACTORS, INC., Appellant.

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

Decided May 10, 2011.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The house of the plaintiff's insured, Howard Blady, was damaged as a result of a fire that broke out on the second floor, which was under renovation. Blady had retained the defendant to perform renovation work at the house. On the day of the fire, the defendant's workers left the premises at 5:00 P.M., Blady and his wife...

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