Sandoro v. Harlem-Genesee Market & Nursery, Inc.

Order unanimously affirmed, with costs. Memorandum: Fire insurance carriers suing as subrogees in the name of plaintiffs, lessors of property, seek recovery for a fire loss allegedly due to the negligence of defendants, sublessees of the property, and their employee. For the building, which was totally destroyed by fire on December 4,1980, plaintiffs have been paid $636,262 and in addition received $24,000 under a separate loss-of-rental-income policy. They seek to recover these sums. Plaintiffs appeal Special Term’s order which granted summary judgment and dismissed the complaint. We affirm.

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