AMERICAN INSURANCE COMPANY v. SCOTT SCHNALL, P.E.

2014-01471, Index Nos. 1634/11, 500245/12.

134 A.D.3d 746 (2015)

22 N.Y.S.3d 92

2015 NY Slip Op 09058

AMERICAN INSURANCE COMPANY, as Subrogee of Brooklynbaca, LLC, Doing Business as THE BROOKLYN STAR, Plaintiff, v. SCOTT SCHNALL, P.E., et al., Defendants. (And a Third-Party Action.) (Action No. 1.) AMERICAN WESTERN INSURANCE COMPANY, as Subrogee of 33 Havemeyer Street Corp., Plaintiff, v. BROOKLYNBACA, LLC, Doing Business as THE BROOKLYN STAR, Respondent, and SCIENTIFIC FIRE PREVENTION COMPANY, a Division of SAMIRO SERVICES, INC., et al., Defendants/Third-Party Plaintiffs-Appellants. FIREMAN'S FUND INSURANCE COMPANY et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant. (Action No. 2.)

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

Decided December 9, 2015.


Ordered that the appeal by Allied Fire Control Services, Inc., a defendant/third-party plaintiff in action No. 2, is dismissed; and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of Brooklynbaca, LLC, doing business as The Brooklyn Star, a defendant in action No. 2, pursuant to CPLR 3211 (a) to dismiss the cross claim of Scientific...

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