• SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
  • Skelos, J.P.; Leventhal, Chambers and Lott, JJ.
MERRIMACK MUTUAL FIRE INSURANCE COMPANY, AS SUBROGEE OF DAVID AND LORI KARSON, ap, v. ALAN FELDMAN PLUMBING & HEATING CORP., res — (INDEX NO. 850/11)In an action to recover for damage to property, the plaintiff appeals from an order of the Supreme Court, Nassau County (Galasso, J.), entered September 7, 2011, which granted the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint based on the doctrine of res judicata.