AMERICAN INTERNATIONAL INSURANCE COMPANY v. A. STEINMAN PLUMBING & HEATING CORP.

7171, 7172, 100826/08.

93 A.D.3d 559 (2012)

941 N.Y.S.2d 48

2012 NY Slip Op 2167

AMERICAN INTERNATIONAL INSURANCE COMPANY, as Subrogee of Mortimer Zuckerman, Appellant, v. A. STEINMAN PLUMBING & HEATING CORP., Defendant, and 950 FIFTH AVENUE CORPORATION, Respondent.

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

Decided March 22, 2012.


Plaintiff's insured sustained water damage to his apartment when the float device regulating the flow of water into the water tank on top of 950 Fifth's building failed, causing the tank to overflow. At the same time, the overflow alarm designed to warn those responsible for maintaining the building failed. Plaintiff paid the insured's claims for property damage and commenced this action seeking reimbursement.

950 Fifth established its entitlement to judgment as a...

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