State Farm Fire & Casualty Co. v. City of Ithaca

Appeal from an order of the Supreme Court (Mulvey, J.), entered September 4, 2013 in Tompkins County, which, among other things, granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff commenced this subrogation action to recover for property damage caused when a water meter ruptured in the basement of its subrogors’ dental office allegedly due to defendant’s negligent operation of its water system. After joinder of issue and discovery, the parties each moved for summary judgment. Supreme Court granted defendant’s motion, finding that it did not have a duty to…