Appellate Division of the Supreme Court of New York, 2004

Public Service Mutual Insurance v. 99¢ Plus of Fifth Avenue, Inc.

Appellate Division of the Supreme Court of New York · Decided March 23, 2004

5 A.D.3d 276; 774 N.Y.S.2d 679; 2004 N.Y. App. Div. LEXIS 3247

Cases that cite this one

2 later published cases cite this decision.

NEW YORK MUTUAL UNDERWRITERS v. KING, THOMAS (Appellate Division of the Supreme Court of New York 2011)
New York Mutual Underwriters v. King (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, Supreme Court, New York County (Marcy Friedman, J.), entered August 21, 2003, which, in this property damage subrogation action, granted the motion of defendant 5510 5th *277Avenue Discount Corp. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff failed to raise an issue of fact with respect to the cause of the fire. Its expert’s report and affidavit to the effect that an employee of defendant 99¢ Plus had caused the fire while smoking in the stairwell 10 minutes before the fire started were based upon pure speculation (see Tower Ins. Co. of N.Y. v M.B.G. Inc., 288 AD2d 69 [2001]).

We have considered plaintiffs other claims and find them to be without merit. Concur—Nardelli, J.P., Mazzarelli, Saxe and Friedman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.