Pac. Indem. Co. v. Pentair Residential Filtration LLC

Insurer Fails to Establish Elements of Relation-Back Doctrine to Revive Time-Barred Claims

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 were read on this motion to/for DISMISS. DECISION ORDER ON MOTION In this property damage subrogation action, plaintiff Pacific Indemnity Company (“Pacific”) seeks to recover $81,165.10 in damages paid by Pacific to its insureds, David Mandelbaum and Karen Mandelbaum (“the Mandelbaums”), for water damage to their condominium unit located at 15 Central Park West, Apt. 38C, New York, NY (“the premises”). In motion sequence number 001, defendant Arista Air Conditioning Corp. seeks an order pursuant to CPLR 3211 (a) (5) to dismiss the complaint claiming that the statute of limitations had already expired when this action was filed. Plaintiff Pacific a/s/o David Mandelbaum and Karen Mandelbaum, opposes the motion. BACKGROUND This property damage claim arises out of an incident that occurred on January 28, 2016, when a water filter located in Apartment 40A, owned by non-party Alex Kogan, is alleged to have failed and discharged water. Plaintiff alleges that the filter was manufactured by defendant Pentair Residential Filitration, LLC, (“Pentair”) and maintained prior to that date pursuant to contract by defendant Arista Air Conditioning Corp. (“Arista”). Pacific commenced this action against Pentair on January 15, 2019 and then amended its complaint as of right to add Arista as a defendant pursuant to claims alleged in the amended complaint, filed on February 4, 2019, seeking to recover the funds it expended on behalf of its insured. (NYSCEF Doc. Nos, 1, 2). It is alleged that “the Mandelbaum premises sustained extensive water damage due to the defective water filter which had been manufactured and distributed by the defendant Pentair and installed by Arista at the Kogan apartment.” (NYSCEF Doc. No. 2,

14). The water traveled downstairs, causing property damage to the Mandelbaums’ premises, as well as damage to other apartments on the 40th and 39th floors. (NYSCEF Doc. No. 2,

Pac. Indem. Co. v. Pentair Residential Filtration LLC

Insurer Fails to Establish Elements of Relation-Back Doctrine to Revive Time-Barred Claims

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