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STATE FARM FIRE & CASUALTY COMPANY v. WHISTLE CLEAN BY WARREN SERVICES, INC.

47 A.D.3d 918 (2008)

850 N.Y.S.2d 564

STATE FARM FIRE & CASUALTY COMPANY, as Subrogee of Eric Lerner and Another, Respondent, v. WHISTLE CLEAN BY WARREN SERVICES, INC., Appellant.

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

Decided January 29, 2008.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The home of Eric Lerner and Linda Lerner was damaged by a basement flood. The Lerners contacted their property insurer, the plaintiff State Farm Fire & Casualty Company (hereinafter State Farm), which offered to send one of its approved vendors to the Lerners' home to remove the water and debris. The Lerners opted instead...

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