Fitzpatrick Construction International, Inc. v. Home Indemnity Co.

Appellate Division of the Supreme Court of New York

Fitzpatrick Construction International, Inc. v. Home Indemnity Co.

159 A.D.2d 958

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

DecidedMarch 16, 1990

StatusPublished

This text of 159 A.D.2d 958 (Fitzpatrick Construction International, Inc. v. Home Indemnity Co.) 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

Fitzpatrick Construction International, Inc. v. Home Indemnity Co., 159 A.D.2d 958 (N.Y. Ct. App. 1990).

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Opinion

Order unanimously affirmed with costs for reasons stated in memorandum decision of Supreme Court, Lowery, J. Memorandum: We add only that plaintiff’s argument, premised upon the doctrine of equitable subrogation, is raised for the first time on appeal and is not preserved for review. We have reviewed the other issues presented by plaintiff and find them to be without merit. (Appeal from order of Supreme Court, Onondaga County, Lowery, J. — dismiss complaint.) Present — Dillon, P. J., Boomer, Green, Balio and Davis, JJ.

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Order unanimously affirmed with costs for reasons stated in memorandum decision of Supreme Court, Lowery, J. Memorandum: We add only that plaintiff’s argument, premised upon the doctrine of equitable subrogation, is raised for the first time on appeal and is not preserved for review. We have reviewed the other issues presented by plaintiff and find them to be without merit. (Appeal from order of Supreme Court, Onondaga County, Lowery, J. — dismiss complaint.) Present — Dillon, P. J., Boomer, Green, Balio and Davis, JJ.

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Bluebook (online)

159 A.D.2d 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzpatrick-construction-international-inc-v-home-indemnity-co-nyappdiv-1990.