Admiral Indemnity Co. v. Sudan

Appellate Division of the Supreme Court of New York

Admiral Indemnity Co. v. Sudan

82 A.D.3d 656, 919 N.Y.2d 333

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 29, 2011

StatusPublished

This text of 82 A.D.3d 656 (Admiral Indemnity Co. v. Sudan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Admiral Indemnity Co. v. Sudan, 82 A.D.3d 656, 919 N.Y.2d 333 (N.Y. Ct. App. 2011).

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Opinion

This subrogation action arises out of property damage to the building located at 376 Broadway, New York, New York, owned by Mandarin Plaza Condominium, plaintiffs subrogor, caused by a leaking toilet hose in apartment. 7E, owned by defendant. Defendant seeks dismissal of the complaint, claiming that he had no notice of any defect, and therefore cannot be held liable for the resulting damages. However, “the proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact” (Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Here, defendant failed to make a prima facie showing of entitlement to summary dismissal of the complaint. Concur — Tom, J.P, Sweeny, Catterson, Acosta and Manzanet-Daniels, JJ.

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This subrogation action arises out of property damage to the building located at 376 Broadway, New York, New York, owned by Mandarin Plaza Condominium, plaintiffs subrogor, caused by a leaking toilet hose in apartment. 7E, owned by defendant. Defendant seeks dismissal of the complaint, claiming that he had no notice of any defect, and therefore cannot be held liable for the resulting damages. However, “the proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact” (Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Here, defendant failed to make a prima facie showing of entitlement to summary dismissal of the complaint. Concur — Tom, J.P, Sweeny, Catterson, Acosta and Manzanet-Daniels, JJ.

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Bluebook (online)

82 A.D.3d 656, 919 N.Y.2d 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/admiral-indemnity-co-v-sudan-nyappdiv-2011.

Opinion

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