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LLOYDS OF LONDON v. EVANSTON

14284, 151786/12.

125 A.D.3d 522 (2015)

1 N.Y.S.3d 807

LLOYDS OF LONDON, as Subrogee of Mike Rutherford, Respondent, v. JAMES W. EVANSTON, Appellant.

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

Decided February 19, 2015.

Triable issues of fact exist, including whether defendant's act of turning on his HVAC unit, after having been told by the technician that examined it that it was defective and that defendant should not use it, caused the leak that damaged plaintiff's subrogor's apartment, which was below defendant's apartment (compare Admiral Indem. Co. v Miji Wu Jeng, 2010 NY Slip Op 30794[U] [Sup Ct, NY County 2010] [dismissal of complaint warranted where there was a lack of evidence...

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