NOVA CASUALTY COMPANY v. CENTRAL MUTUAL INSURANCE COMPANY


59 A.D.3d 777 (2009)

872 N.Y.S.2d 603

NOVA CASUALTY COMPANY, Appellant, v. CENTRAL MUTUAL INSURANCE COMPANY, as Subrogee of JAMES CATLETT et al., et al., Respondents, et al., Defendant.

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

Decided February 5, 2009.


Kavanagh, J.

Defendant Ryan Bennett, who owns and operates a painting business, and defendant Robert Pesano were hired by defendants James Catlett and Joan Catlett to apply a protective sealant to the cedar wood siding of the exterior of the Catletts' home. As the sealant was being applied, drop cloths were used to catch any of the solution that had dripped during the application process. The drop cloths were then stored in an enclosed porch at the rear of the Catletts...

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