Meadvin v. Buckley-Southland Oil Co.

Order reversed, with costs, and defendant’s motion denied. Memorandum: Plaintiff, lessor of property under lease to defendant, has been paid $33,093 for a fire loss by its fire insurance carrier, Aetna Casualty and Surety Company. Aetna suing as subrogee in the name of its insured, plaintiff lessor, has commenced the instant action to recover the sum of $33,093 because of the alleged negligence of defendant lessee. Plaintiff appeals Special Term’s order which granted summary judgment and dismissed the complaint under the rationale of Moore v Leggette (24 AD2d 891) holding that defendant could…