AETNA CAS. & SUR. CO. v. SHELDON


124 A.D.2d 428 (1986)

Aetna Casualty & Surety Company, as Assignee of Goodman Development Company, Inc., Respondent, v. Fred Sheldon, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 30, 1986


Yesawich, Jr., J.

In 1969 defendant Fred Sheldon, a professional engineer, and an insured of plaintiff, Aetna Casualty & Surety Company, entered into an oral contract pursuant to which Sheldon was to design a heating and cooling system for a commercial building. The work was completed no later than 1970. In 1982, the building experienced severe damage stemming from frozen pipes. After payment to its insured, Aetna, as the insured's assignee, commenced...

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