Decision of the Day: Issues of Fact Exist as to Architect's Responsibility for Fire in New Fireplace
This ruling was selected from New York's court dockets and summarized by the Law Journal's decision editors.
January 10, 2023 at 11:06 AM
2 minute read
AIG Property Casualty, which insured Wendy and Lawrence Nadel, brought a subrogation action arising out of a fire at the Nadels' home in 2017. The fire happened in a new fireplace installed as part of home renovations that took place during 2014 and 2015.
Third-party defendant Michael Dalton was hired to be the architect and design plans for the renovations. Defendants JB Construction Concepts, SN Construction, and All American Chimney Sweep argued that Dalton controlled the installation and design of the fireplace, while Dalton and plaintiff claimed that he only offered aesthetic opinions.
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