S.S.D.W. CO. v. BRISK CO.


76 N.Y.2d 228 (1990)

S.S.D.W. Co., Respondent, v. Brisk Waterproofing Company, Inc., Appellant and Third-Party Plaintiff-Appellant; Coyne Electrical Contractors, Inc., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1990.


Attorney(s) appearing for the Case

Lynne M. Fischman for appellant and third-party plaintiff-appellant.

Irwin H. Haut for third-party defendant-appellant.

Morton Greenwald and Roberta Burman for respondent.

Judges SIMONS, KAYE and TITONE concur with Judge HANCOCK, JR.; Judge ALEXANDER dissents and votes to reverse in a separate opinion in which Judge BELLACOSA concurs; Chief Judge WACHTLER taking no part.


HANCOCK, JR., J.

Plaintiff, the owner of an apartment building, contracted with defendant to do some corrective work. A fire broke out causing extensive damage not only to portions of the building covered by the contract but to other areas as well. Plaintiff's insurer paid plaintiff for the full extent of the damage, and in this negligence action, suing in the name of plaintiff as its subrogee, seeks reimbursement...

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