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STATE FARM FIRE & CAS. CO. v. MAIN BROS. OIL CO.

515083.

101 A.D.3d 1575 (2012)

956 N.Y.S.2d 695

2012 NY Slip Op 9142

STATE FARM FIRE & CASUALTY COMPANY, as Subrogee of Lucy Bowditch, Respondent, v. MAIN BROTHERS OIL COMPANY, Doing Business as MAIN CARE ENERGY, as Successor of Merger to ACKNER FUELS, INC., Appellant, et al., Defendant.

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

December 27, 2012.

Spain, J.

This action arises out of a 2009 fire that occurred at the residence of Lucy Bowditch in the City of Troy, Rensselaer County. Per its insurance policy, plaintiff paid Bowditch for the damages and is now subrogated to her rights against others as they relate to the fire. Plaintiff alleges, as its expert determined, that the fire was caused by the negligent installation of a boiler and enclosure, which was allegedly installed by defendant Hastings & Company...

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