Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.
On the morning of February 10, 2007, a water main located at the intersection of Peckham and Garretson Avenues in Islip ruptured, causing damage to the property of the plaintiff's insured. Pursuant to a policy of insurance, the plaintiff paid its insured $37,879.23 to cover the damage. The plaintiff then commenced this subrogation...
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