Encompass Insurance v. Suffolk County Water Authority

In a subrogation action to recover insurance benefits paid by the plaintiff to its insured for injury to property, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated May 18, 2011, 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 the morning of February 10, 2007, a water main located at the intersection of Peckham and Garretson Avenues in Islip ruptured, causing damage to the property…