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MARKEL INSURANCE COMPANY v. FUEL

512199.

89 A.D.3d 1212 (2011)

932 N.Y.S.2d 570

2011 NY Slip Op 7779

MARKEL INSURANCE COMPANY, as Subrogee of Chai Lifeline, Inc., et al., Appellant, v. BOTTINI FUEL et al., Defendants, and BERMIL INDUSTRIES CORPORATION, WASCOMAT OF AMERICA, Respondent.

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

Decided November 3, 2011.

McCARTHY, J.

Plaintiff commenced this action to recover damages that resulted from a fire in the laundry room of a camp in 2001. Although the cause of the fire is unknown, plaintiff alleged that a clothes dryer purchased from defendant Bermil Industries Corporation, Wascomat of America (hereinafter Wascomat) malfunctioned. During this action, plaintiff has served numerous disclosure demands on Wascomat. Dissatisfied with Wascomat's responses and objections, plaintiff...

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