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CASTLEPOINT INS. CO. v. MOORE

9747, 110915/09.

109 A.D.3d 718 (2013)

974 N.Y.S.2d 8

2013 NY Slip Op 5856

CASTLEPOINT INSURANCE COMPANY, as Subrogee of Linda Trager, Respondent-Appellant, v. WENDY MOORE, et al., Appellants, and B & P CHIMNEY CLEANING AND REPAIR COMPANY, INC., Respondent-Respondent.

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

Decided September 17, 2013.

The complaint should not have been dismissed as against B & P because a question of fact exists as to whether B & P launched an instrument of harm or exacerbated a dangerous condition by either failing to inspect or inadequately inspecting the Moore defendants' firebox, or "certif[ying]" to the Moore defendants that the fireplace was safe to use by stating that it was "good to go," especially since the Moore defendants...

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