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ALL AM. MOVING & STOR., INC. v. ANDREWS

7100, 21995/05, 21398/06, 340006/08, 340008/08, 303293/08, 303185/08, 86167/06, 86168/06, 67761/07, 308925/08.

96 A.D.3d 674 (2012)

949 N.Y.S.2d 17

2012 NY Slip Op 5241

ALL AMERICAN MOVING AND STORAGE, INC., et al., Plaintiffs, v. W. REILLY ANDREWS et al., Defendants. (And Other Actions.) JEROME ACKERMAN et al., Respondents, v. D'AGOSTINO SUPERMARKETS, INC., et al., Respondents, and ALLSTATE SPRINKLER CORP., Appellant.

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

June 28, 2012.

In this action to recover damages arising out of a warehouse fire, Allstate failed to establish as a matter of law that it did not owe the noncontracting respondents a duty of care or breach any duty owed. The record shows that Allstate owed plaintiffs — owners of the property — a duty of care, as plaintiffs were third-party beneficiaries to the sprinkler inspection services contract between Allstate and defendant...

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