FEDERAL INSURANCE COMPANY v. EVANS CONSTRUCTION OF NEW YORK CORP.


257 A.D.2d 508 (1999)

684 N.Y.S.2d 223

FEDERAL INSURANCE COMPANY, as Subrogee of JACKSON VOICE DATA, INC., et al., Appellants, v. EVANS CONSTRUCTION OF NEW YORK CORP., Doing Business as EVANS CONSTRUCTION, et al., Defendants, and MASPETH 56-25 58 STREET CORP., c/o EUROPEAN AMERICAN BANK, Respondent.

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

Decided January 26, 1999.


This negligence action arises out of property damage that allegedly occurred when defendant Evans Construction Company of New York d/b/a Evans Construction (Evans), which was the occupant of a vacant lot adjoining property leased by plaintiff's subrogee, allegedly piled earth and construction debris next to the subrogee's wall, causing mud and water to spill onto and damage the subrogee's property. At the time the damage was incurred...

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