Public Service Mutual Insurance v. Tri-Con Construction Corp.

—In an insurance subrogation action to purportedly recover damages for negligence, the plaintiff appeals from an order of the Supreme Court, Nassau County (Kutner, J.), entered June 17, 1994, which granted the defendant’s motion to dismiss the complaint as time-barred.

Ordered that the order is affirmed, with costs.

The plaintiff insurance company brought this action on behalf of its subrogor, a restaurant owner, for property damage caused by a fire. The plaintiff alleges that the defendant, during renovation of the premises in 1979, negligently installed an exhaust system in close proximity to…