American Guaranty & Liability Insurance v. Federico's Salon, Inc.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered March 17, 2008, which, insofar as appealed from as limited by the briefs, granted the motion of defendant Federico’s Salon Inc. (Federico’s) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff, as subrogee of Oxxford Clothes, seeks to recover for property damage resulting when a toilet on the unoccupied fourth floor of the commercial building in which Oxxford was a tenant became clogged and overflowed, flooding Oxxford’s store and destroying its inventory. At the time,…