Worcester Insurance v. Ryan

*749OPINION OF THE COURT

George B. Ceresia, Jr., J.

The above-captioned action arises out of a fire which allegedly occurred on February 25, 1995 at 1533 6th Avenue, Watervliet, New York. It is alleged that the sole cause of the fire was the negligence and carelessness of the defendant Gail Ryan, a tenant of the premises. Plaintiff was the insurer of one Susan Cambell, the building owner. Plaintiff alleges that it was compelled to pay Susan Cambell the sum of $139,810.35 in policy proceeds by reason of the fire. Plaintiff, as subrogee, seeks reimbursement from defendant of the policy proceeds paid…