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MERRIMACK MUTUAL FIRE INSURANCE COMPANY v. ALAN FELDMAN PLUMBING & HEATING CORP.

2011-09611.

102 A.D.3d 754 (2013)

2013 NY Slip Op 186

MERRIMACK MUTUAL FIRE INSURANCE COMPANY, as Subrogee of David Karson and Another, Appellant, v. ALAN FELDMAN PLUMBING & HEATING CORP., Respondent.

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

Decided January 16, 2013.

Ordered that the order is affirmed, with costs.

In 2009, David Karson commenced a small claims action in the District Court, Suffolk County, to recover for property damage to his home that allegedly resulted from negligent plumbing work performed by the defendant. After a trial, the District Court dismissed the action on the ground that Karson failed to meet his burden of proving that the defendant acted negligently. Subsequently, the plaintiff insurance company commenced...

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