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ATL. MUT. INS. CO. v. UNITED SEC. GROUP, INC.

236 A.D.2d 338 (1997)

654 N.Y.S.2d 739

Atlantic Mutual Insurance Company, as Subrogee of Health Insurance Plan of Greater New York, Also Known as H.I.P., Respondent, v. United Security Group, Inc., et al., Appellants and Third-Party Plaintiffs. Westchester Creek Corp., Third-Party Defendant-Respondent, et al., Third-Party Defendants

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

February 27, 1997

The agreement between plaintiff's subrogor and defendant does not preclude tort claims by either the contracting tenant or the noncontracting owner arising from the security company's negligent performance of its services.

Based upon defendant security company's reasonable expectations and the non-contracting building owner's detrimental reliance on its tenant's agreement with the security company, the owner is within the...

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