Legal Opinion

Travelers Property Casualty v. Gomez Supermarket

Appellate Terms of the Supreme Court of New York

Decided April 1, 2003PublishedCited by 3 opinions

1Opinion of the Court

*877OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

In this insurer’s subrogation action against the occupants of a commercial premises damaged in a storeroom fire defendants submitted, in support of their motion for summary judgment, the affidavit of a fire investigator commissioned by their insurer stating that the cause of the fire, possibly of electrical origin, could not be determined to any meaningful degree of probability, and the depositions of defendant Jose Gomez and plaintiff’s subrogor, both of whom denied knowledge of the fire’s cause (CPLR 3212 [b]; Desola v…

2Cases cited20 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
  4. Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
  5. Romano v. StanleyNew York Court of Appeals · 1997

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3Cited by3 opinions

  1. Tower Insurance v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  2. Alomsi v. 250 Dean, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  3. Alomsi v. 250 Dean, LLCAppellate Division of the Supreme Court of the State of New York · 2012

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