New York Mutual Underwriters v. King

*1646Appeals from, an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered April 20, 2010. The order denied the motions of defendants for summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motions are granted and the complaint is dismissed.

Memorandum: Plaintiff commenced this action as subrogee of Gary and Kimberly Fitzgerald seeking to recover damages from a fire at the Fitzgeralds’ vacation home. Defendants, one of whom was the nephew of the Fitzgeralds, had spent the night at the house and awoke the…