AUTOMOBILE INS. CO. v. DAMADIAN

10532. 160743/15.

178 A.D.3d 489 (2019)

111 N.Y.S.3d 539

2019 NY Slip Op 08808

The Automobile Insurance Company of Hartford, Connecticut, Plaintiff, v. Jevan Damadian et al., Defendants, and Jonathan Tang, Deceased, by and through Timothy Tang, Respondent. Jevan Damadian, Third-Party Plaintiff-Appellant, v. North Country Insurance Company, Third-Party Defendant-Respondent.

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

Decided December 10, 2019.


Attorney(s) appearing for the Case

Anderson Kill P.C., New York ( Marshall Gilinsky of counsel), for appellant.

Finkelstein & Partners, LLP, Newburgh ( George A. Kohl, II of counsel), for Jonathan Tang, respondent.

Smith Dominelli & Guetti LLC, Albany ( Christopher A. Guetti of counsel), for North Country Insurance Company, respondent.

Concur—Friedman, J.P., Kapnick, Kern, Oing, JJ.


The underlying wrongful death action alleged that Damadian's negligence in not providing proper life preservers at his premises, and failure to properly check and maintain the kayaks he allowed the occupants renting his lake house to use on a nearby pond, caused Jonathan Tang to fall into the water and drown.

NCIC issued a property insurance policy to Damadian, which insured the premises the decedent rented during the relevant time period. Pursuant to the watercraft...

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