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NEW YORK SCHOOLS INSURANCE RECIPROCAL v. MILBURN SALES CO., INC.

2017-04487. Index No. 2848/11.

165 A.D.3d 963 (2018)

83 N.Y.S.3d 906

2018 NY Slip Op 06925

New York Schools Insurance Reciprocal, as Assignee of West Babylon Union Free School District, Appellant-Respondent, v. Milburn Sales Co., Inc., Doing Business as Milburn Carpet One Floors & Homes, Doing Business as Milburn Flooring Mills, Respondent-Appellant. (And Third-Party Actions.)

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

Decided October 17, 2018.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On February 18, 2010, a fire damaged a school in the West Babylon Union Free School District (hereinafter the school district). In the weeks leading up to the fire, various contractors, including the defendant, had performed work at the school. The plaintiff commenced this subrogation action against the defendant...

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