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LANZALACO v. UNITED SUBCONTRACTORS, INC.

2019-13499. Index No. 10403/18.

201 A.D.3d 713 (2022)

156 N.Y.S.3d 877

2022 NY Slip Op 00172

Scott Lanzalaco et al., Appellants, v. United Subcontractors, Inc., et al., Respondents.

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

Decided January 12, 2022.

Attorney(s) appearing for the Case

Bowitch & Coffey, LLC, Albany, NY ( Daniel W. Coffey of counsel), for appellants.

Ansa Assuncao, LLP, White Plains, NY ( James S. Coons and David A. Gonzalez of counsel), for respondent United Subcontractors, Inc.

Goldberg Segalla, LLP, White Plains, NY ( William T. O'Connell of counsel), for respondent Deljo Enterprises, Inc.

Brathwaite Nelson, J.P., Rivera, Ford and Dowling, JJ., concur.

Ordered that the order is affirmed, with one bill of costs payable to the defendants.

In October 2018, the plaintiffs commenced this action to recover for fire damage to their home that allegedly was caused by an improperly installed fireplace. They alleged in the amended complaint that the home was built in 2002-2003 by the defendant Deljo Enterprises, Inc. (hereinafter Deljo), and that the fireplace was installed between October 7, 2002, and March 24, 2003, by the...

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