MT. HAWLEY INS. CO. v. PENN-STAR INS. CO.

2962. 161321/14.

151 A.D.3d 528 (2017)

2017 NY Slip Op 04793

56 N.Y.S.3d 98

MT. HAWLEY INSURANCE COMPANY, as Subrogee of Marlite Construction Corp., Appellant, v. PENN-STAR INSURANCE COMPANY, Respondent.

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

Decided June 13, 2017.


Plaintiff brought this action in its capacity as subrogee of its insured, the Marlite Construction Corp. Marlite was the general contractor on a construction project. Marlite hired nonparty W.R. Precision, Inc. to be the steel work subcontractor on the project, and W.R. Precision, in turn, subcontracted its work to nonparty Structure Builders, Inc., d/b/a J&B Ironworks. An employee of Structure was injured in the course of the work and commenced a prior action against...

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