Tower Insurance v. Allstate Insurance

*631In a subrogation action to recover proceeds under various property insurance policies, the defendant appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered July 8, 2005, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

A fire occurred in the defendant’s insurance office in Mount Vernon. The plaintiff insurance companies are subrogees of their insureds whose property was damaged. They brought this action on the theory that the…