NEW YORK UNIV. v. TURNER CONSTR. CO.

Index No. 653535/15, Appeal No. 16181, Case No. 2022-00479.

206 A.D.3d 536 (2022)

168 N.Y.S.3d 822

2022 NY Slip Op 04099

New York University et al., Respondents, et al., Plaintiff, v. Turner Construction Company, Appellant.

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

Decided June 23, 2022.


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York ( Kannon K. Shanmugam of counsel), for appellant.

Pillsbury Winthrop Shaw Pittman LLP, New York ( Edward Flanders of counsel), for respondents.

Concur—Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ.


In anticipation of Hurricane Sandy, defendant covered an air shaft opening with sandbags and allegedly failed to follow plaintiffs' instructions to seal the opening further with plywood and plastic, which resulted in water flowing through the air shaft and causing about $1.3 billion in damages. In light of the particular record before us, issues of fact exist as to whether defendant acted with reckless disregard for plaintiffs' property (Colnaghi, U.S.A. v Jewelers Protection...

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