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ROSENBAUM, ROSENFELD & SONNENBLICK, LLP v. EXCALIBUR GROUP NA, LLC

150083/14-150153/11, 2705, 150405/13, 2704, 2703.

146 A.D.3d 489 (2017)

2017 NY Slip Op 00123

45 N.Y.S.3d 37

ROSENBAUM, ROSENFELD & SONNENBLICK, LLP, et al., Respondents, v. EXCALIBUR GROUP NA, LLC, et al., Defendants, and A SUPERIOR SERVICE AND REPAIR CO., INC., Appellant. THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, as Subrogee of Rosenbaum, Rosenfeld, Sonnenblick, LLP, Respondent, v. A SUPERIOR SERVICE AND REPAIR CO., INC., Appellant, and EXCALIBUR GROUP NA LLC, Respondent, et al., Defendant. FEDERAL INSURANCE COMPANY, as Subrogee of Rosenbaum, Rosenfeld & Sonnenblick, LLP, Respondent, v. A SUPERIOR SERVICE AND REPAIR CO., INC., Appellant, and EXCALIBUR GROUP NA LLC, Respondent, et al., Defendant.

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

Decided January 10, 2017.

Where Superior contracted to do specific, limited plumbing work, its failure to detect and/or correct an improper connection between a sanitary line and the storm water stack outside the scope of its contract and outside the area of its work did not launch a force or instrument of harm for which it may be liable (Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 140 [2002]), and the expert affidavits submitted by plaintiffs in the...

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