GREATER N.Y. MUT. INS. CO. v. ERE LLP

102633/11.

125 A.D.3d 417 (2015)

GREATER NEW YORK MUTUAL INSURANCE COMPANY, as Subrogee of 432 Park Avenue South Realty Co., LLC, Respondent, v. ERE LLP, Appellant, and HI-RE-LI CONDITIONING CORP., Respondent. GREATER NEW YORK MUTUAL INSURANCE COMPANY, as Subrogee of 432 Park Avenue South Realty Co., LLC, Respondent, v. ERE LLP, Respondent, and HI-RE-LI CONDITIONING CORP., Appellant. GREATER NEW YORK MUTUAL INSURANCE COMPANY, as Subrogee of 440 Realty Associates, LLC, Respondent, v. ERE LLP, Defendant, and HI-RE-LI CONDITIONING CORP., Appellant. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, as Subrogee of ERE LLC, Respondent, v. HI-RE-LI CONDITIONING CORP., Appellant/Third-Party Plaintiff-Appellant. ERE LLP, Fourth-Party Defendant-Respondent, et al., Third-Party Defendants/Fourth-Party Plaintiffs.

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

Decided February 3, 2015.


In these three cases brought by plaintiff insurance companies as subrogees of their insureds, plaintiffs allege, among other things, that defendant Hi-Re-Li failed to properly install and insulate an HVAC system in defendant/fourth-party defendant ERE's computer server room, which was located in a building owned by 440 Realty Associates, LLC. The motion court correctly denied Hi-Re-Li's motions for summary judgment. The submissions made by the parties, including their expert...

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