PUBLIC SERV. MUT. INS. CO. v. 341-347 BROADWAY, LLC

7197, 7198, 105886/09.

96 A.D.3d 473 (2012)

946 N.Y.S.2d 149

2012 NY Slip Op 4402

PUBLIC SERVICE MUTUAL INSURANCE COMPANY, as Subrogee of LEONARD ASSOCIATES, LLC, Respondent, v. 341-347 BROADWAY, LLC, et al., Appellants, et al., Defendants.

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

June 7, 2012.


During 2004 and 2005, appellants were involved in a construction project on property adjoining a building owned by plaintiff's subrogor, Leonard Associates (Leonard). In 2005, Leonard became aware of damage to the ground floor, cellar, and subcellar of its building, resulting from flooding caused by appellants' construction work adjacent to the building's east wall. Defendant Tishman paid for the necessary repairs. In August 2006, Leonard notified plaintiff, its insurer,...

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