Appellate Division of the Supreme Court of the State of New York October 20, 2009 (Fireman's Fund Insurance v. County of Nassau)

In a subrogation action to recover damages for payments by the plaintiff to its insureds for injury to property, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated December 23, 2008, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.