915 2ND PUB, INC. v. QBE INS. CORP.

2611, 604047/07.

146 A.D.3d 415 (2017)

2017 NY Slip Op 00019

44 N.Y.S.3d 42

915 2ND PUB, INC., Doing Business as THADY CON'S BAR & RESTAURANT, et al., Respondents, v. QBE INSURANCE CORPORATION, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 3, 2017.


After excavation work on the adjacent property caused structural damage to plaintiffs' building, plaintiffs both submitted an insurance claim to defendant and negotiated a sale of the property to the owner of the adjacent property, i.e., the tortfeasor. The purchaser paid what its principal called "a crazy price for the property value" in the acknowledged hope of disposing of all liability arising from the excavation damage. Plaintiffs brought this action to recover payment...

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