1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 81 A.D.3d
  5. 81 A.D.3d 516 (2011)
 

11 ESSEX STREET CORP. v. TOWER INSURANCE COMPANY OF NEW YORK

Nos. 4287, 600176/04, 110019/04, 101984/05, 590172/06, 590479/06, 590879/06, 590972/06, 590456/09.

81 A.D.3d 516 (2011)

917 N.Y.S.2d 164

11 ESSEX STREET CORP., Plaintiff, v. TOWER INSURANCE COMPANY OF NEW YORK, Defendant. 11 ESSEX STREET CORP., Respondent, v. 7 ESSEX STREET, L.L.C., Respondent, DeSIMONE CONSULTING ENGINEERS et al., Appellants, and BERZAK GOLD, P.C., Respondent-Appellant, et al., Defendant. (And Other Actions.)

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

Decided February 17, 2011.

The record shows that Jeffrey M. Brown Associates knew that the building at 7 Essex Street would not tolerate the likely settlement of its foundations and that plaintiff's building had to be underpinned, and yet the record does not permit the conclusion as a matter of law that Brown fulfilled its responsibility to monitor the excavation every day. DeSimone was responsible for performing controlled inspections of the underpinning of plaintiff's building and knew that the building...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases