AMERICAN INTERNATIONAL INSURANCE CO. v. MJM QUALITY CONSTRUCTION, INC.

2047, 112391/06

69 A.D.3d 520 (2010)

895 N.Y.S.2d 35

2010 NY Slip Op 561

AMERICAN INTERNATIONAL INSURANCE CO., Respondent, v. MJM QUALITY CONSTRUCTION, INC., Appellant, et al., Defendants.

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

Decided January 26, 2010.


Plaintiff commenced this subrogation action against MJM and three of its subcontractors, alleging that their actions resulted in a fire in the home of plaintiff's insured. On January 8, 2009, plaintiff notified MJM, which was then without counsel, of a January 21 court conference. Although the return receipt was signed by an assistant project manager at MJM, the notice failed to reach MJM's president, who was solely responsible for the corporation's decisions. MJM did not...

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