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GENERAL SECURITY INSURANCE COMPANY v. NIR

50 A.D.3d 489 (2008)

858 N.Y.S.2d 18

GENERAL SECURITY INSURANCE COMPANY, as Subrogee of SUGAR REEF, Doing Business as GLOBAL 33, Respondent, v. ELIAHU NIR, Defendant, and BUCKMILLER AUTOMATIC SPRINKLER CORP. et al., Defendants and Third-Party Plaintiffs-Appellants. SUGAR REEF INC., Doing Business as GLOBAL 33, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided April 22, 2008.

A fire in 2000 caused extensive damage to the insured-lessee's restaurant. It was alleged that the sprinkler system installed by defendant Buckmiller in 1990 was defective and/or not properly inspected by defendant Petzvel, pursuant to a 1999 inspection agreement. Plaintiff insurer was subrogated to its insured's rights after it made payment on the insured's claim. Plaintiff's negligence action was timely commenced against defendants...

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