Tower Insurance v. M.B.G. Inc.

—Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about September 1, 2000, which, in an action by the insurer of a building owner in subrogation against the occupants of a store in the building that was the source of a fire, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiff claims that an issue of fact exists as to whether defendants’ negligence caused the fire. It is argued that such issue is raised by evidence that the fire started in a back room of the store under defendants’ exclusive control, that…