Merchants Mutual Insurance v. Quality Signs of Middletown

In a subrogation action to recover insurance benefits paid by *1043the plaintiff to its insured for injury to property, the defendant appeals from an order of the Supreme Court, Orange County (Marx, J.), dated October 2, 2012, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

On April 3, 2007, a commercial tenant in a building owned by the plaintiffs insured hired the defendant to replace the existing lettering of a fluorescent sign…