HARTFORD INSURANCE COMPANY OF MIDWEST, ASSUBROGEEOF DRUG WORLD OF HILLCREST, LLC, res, v. ORANGEAND ROCKLAND UTILITIES, INC., ap

HARTFORD INSURANCE COMPANY OF MIDWEST, ASSUBROGEEOF DRUG WORLD OF HILLCREST, LLC, res, v. ORANGEAND ROCKLAND UTILITIES, INC., ap — (INDEX NO. 11907/08) In a subrogation action to recover damages for injury to property, the defendant appeals from a judgment of the Supreme Court, Rockland County (Walsh, J.), entered November 7, 2011, which, upon, inter alia, the denial of its motion pursuant to CPLR 4401, made at the close of the plaintiff's case, and its renewed motion pursuant to CPLR 4401, made at the close of evidence, for judgment as a matter of law dismissing the complaint, upon a jury verdict on the issue of liability finding that it was 100 percent at fault in the happening of the subject fire, and upon a jury verdict on the issue of damages finding that the plaintiff's subrogor sustained property damage in the sum of $645,037.35, is in favor of the plaintiff and against it in the principal sum of $645,037.65.

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HARTFORD INSURANCE COMPANY OF MIDWEST, ASSUBROGEEOF DRUG WORLD OF HILLCREST, LLC, res, v. ORANGEAND ROCKLAND UTILITIES, INC., ap — (INDEX NO. 11907/08) In a subrogation action to recover damages for injury to property, the defendant appeals from a judgment of the Supreme Court, Rockland County (Walsh, J.), entered November 7, 2011, which, upon, inter alia, the denial of its motion pursuant to CPLR 4401, made at the close of the plaintiff’s case, and its renewed motion pursuant to CPLR 4401, made at the close of evidence, for judgment as a matter of law dismissing the complaint, upon a jury verdict on the issue of liability finding that it was 100 percent at fault in the happening of the subject fire, and upon a jury verdict on the issue of damages finding that the plaintiff’s subrogor sustained property damage in the sum of $645,037.35, is in favor of the plaintiff and against it in the principal sum of $645,037.65.

ORDERED that the judgment is reversed, on the law, with costs, that branch of the defendant’s motion which was pursuant to CPLR 4401 for judgment as a matter of law made at the close of the plaintiff’s case is granted, and the complaint is dismissed.

HARTFORD INSURANCE COMPANY OF MIDWEST, ASSUBROGEEOF DRUG WORLD OF HILLCREST, LLC, res, v. ORANGEAND ROCKLAND UTILITIES, INC., ap

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