MERCHANTS MUTUAL INSURANCE COMPANY v. DUNHAM PIPING & HEATING CORP.

No. 652891/19. Appeal No. 15541. Case No. 2021-02642.

203 A.D.3d 543 (2022)

162 N.Y.S.3d 703

2022 NY Slip Op 01879

Merchants Mutual Insurance Company, Appellant, v. Dunham Piping & Heating Corp. et al, Defendants, and Eddie Coryat et al., Respondents. (And a Third-Party Action.)

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

Decided March 17, 2022.


Attorney(s) appearing for the Case

Hurwitz & Fine, P.C., Buffalo ( Brian D. Barnas of counsel), for appellant.

McMahon, Martine & Gallagher, LLP, Brooklyn ( Andrew D. Showers of counsel), for Pine Builders Corp. and Caton Realty Holdings, LLC, respondents.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.


Injured plaintiff Eddie Coryat, an employee of Dunham Plumbing, alleges that he was injured during his work at a construction site owned by defendant Caton Realty. Coryat commenced an action (the underlying action) against Caton Realty and Pine Builders, the construction manager at the site. Caton Realty and Pine Builders, in turn, commenced a third-party action against Dunham Piping and Dunham Plumbing, the latter of which went out of business sometime

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