Appellate Division of the Supreme Court of the State of New York February 20, 2007 (Utica Mutual Insurance v. Swim Tech Pool Services Inc.)

In a subrogation action to recover for property damage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Weber, J.), dated April 27, 2006, which denied its motion to vacate a provision of a so-ordered stipulation dated November 9, 2005, precluding it from offering evidence at trial concerning the cost of repair of structural damage if it did not produce a witness with