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ERIE INS v. CHILDREN'S PALACE

Index No. E2019005048.

78 Misc.3d 1075 (2023)

185 N.Y.S.3d 594

2023 NY Slip Op 23057

ERIE INSURANCE COMPANY, as Subrogee of Mac's Pizzeria & Grill Corp and Others, Plaintiff, v. CHILDREN'S PALACE CHILDCARE CENTER, INC., et al., Defendants.

Supreme Court, Monroe County.

Decided February 16, 2023.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( Patrick J. Mackey of counsel), and Nielsen, Zehe & Antas, P.C., Chicago, Illinois ( Frank N. DeBoni of counsel), for Children's Palace Childcare Center, Inc., defendant.

Law Office of David Tennant PLLC, Rochester ( David H. Tennant of counsel), and Reeves & Brightwell LLP, Austin, Texas ( Ryan Pierce of counsel), for Dell, Inc., defendant.

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo ( Brandon M. Snyder of counsel), for plaintiff.

OPINION OF THE COURT

Plaintiff Erie Insurance Company (Erie) insured several businesses that sustained property damage in a fire that broke out in the commercial strip plaza where they were located.

Having paid the damages sustained by its insureds and been subrogated to their damage claims, Erie brought...

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