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STARR INDEM. & LIAB. CO. v. THE CORCORAN GROUP, INC.

Index Nos. 153530/16, 652363/17, 50963/18. Appeal No. 15828-15828A. Case Nos. 2021-00996, 2021-01815.

204 A.D.3d 630 (2022)

165 N.Y.S.3d 312

2022 NY Slip Op 02892

Starr Indemnity and Liability Company, as Subrogee of Alexander Condominium, Appellant, v. The Corcoran Group, Inc., Respondent, et al., Defendants. (And Other Actions.).

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Gennet, Kallmann, Antin, Sweetman & Nichols, P.C., New York ( Donald G. Sweetman of counsel), for appellant.

Ahmuty, Demers & McManus, New York ( Glenn A. Kaminska of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.

The record demonstrates that Corcoran neither launched an instrument or force of harm nor entirely displaced another party's duty to maintain the premises at issue (see Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 140 [2002]). The uncontroverted evidence shows that Corcoran's agents were in the apartment last on January 7, 2015 and that no one observed freezing conditions in the apartment...

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