State Farm Insurance v. Nichols

Crew III, J.P.

Appeal from an order of the Supreme Court (O’Brien, III, J.), entered July 6, 2005 in Madison County, which granted defendants’ motions for summary judgment dismissing the complaint.

In December 1999, a fire set by an unknown arsonist engulfed a two-story building owned by defendants Peter A. Nichols, Clarence Nichols and Clara Nichols, and located in the City of Oneida, Madison County. Prior to the fire, Peter Nichols leased the premises to defendant John F. Pitoniak, who operated a business on the first floor known as the Beaver’s Den Tavern. The premises also included a small…