Excelsior Insurance v. Auburn Local Development Corp.

—Appeal from an order of Supreme Court, Cayuga County (Contiguglia, J.), entered February 6, 2001, which denied plaintiff’s motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this subrogation action seeking recovery of $175,000 that it paid to its insured for water, smoke and loss of use damages resulting from a fire in an adjoining building owned by defendant. Plaintiff alleged that the fire was caused by arson and that the damages to the building of plaintiffs…