ALLSTATE INSURANCE COMPANY v. MONACO


272 A.D.2d 280 (2000)

707 N.Y.S.2d 463

ALLSTATE INSURANCE COMPANY, as Subrogor of LOUIE AGOSTINO, Respondent, v. SANTO MONACO et al., Appellants, et al., Defendant.

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

Decided May 1, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is granted and the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

It is undisputed that the defendant ASP Construction Corp. (hereinafter ASP) was hired to perform carpentry work in connection with a construction project on certain property located adjacent to the plaintiff's premises which allegedly suffered property...

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