ADDITIONAL CASES The Andrews Organization, Inc., Susan Daimler Plaintiff v. NYC Builders Group LLC, NYC Builders Contracting Group, Inc., NYC Builders and Contractors Group, Inc., Custodio Consulting LLC Defendant. Third-Party 596022/2017 Robert Lande, Karma Lande Plaintiff v. American Fire Restoration, LLC Defendant; Second Third-Party 595791/2018 NYC Builders and Contractors Group, Inc. Plaintiff v. American Fire Restoration, LLC Defendant; Third Third-Party 595131/2019 The Andrews Organization, Inc., Susan Daimler Plaintiff v. S & J Industrial Corp. Defendant The following e-filed documents, listed by NYSCEF document number (Motion 006) 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269 were read on this motion for JUDGMENT – SUMMARY. In this action to recover damages for injury to property, fourth third-party defendant S & J Industrial Corp. (S & J) moves for summary judgment dismissing the fourth third-party complaint (motion sequence no. 006). BACKGROUND This action arises out of two separate water leaks that occurred in a mixed-use condominium building located at 42-50 Wooster Street, in New York, New York (the condo building). The first leak, which occurred on February 15, 2016, is alleged to have originated from a frozen pipe on the sixth floor in unit 6NF, owned by Timothy N. Hartzell and Leslie B. Hartzell (together the Hartzells). The second leak, which occurred on April 17, 2016, is alleged to have occurred on the second floor in Unit 2NF, as a result of a defective waterline and/or pipe that was improperly maintained and/or installed. Unit 2NF is owned by Robert Lande and Karma Lande (together the Landes). Format Furniture Inc. (Format), a high-end furniture showroom and retail store, subleased a commercial unit on the ground level and cellar floor of the condo building. In September 2016, it commenced this action against the Hartzells and the Landes, as well as the managing agent for the condo building the Andrews Organization, Inc. (Andrews), and Susan B. Daimler as the condo board’s president (Daimler), alleging that it sustained extensive damage as a result of the leaks. Andrews and Daimler commenced a fourth third-party action against S & J, alleging that, prior to the leak in Unit 2NF, S & J improperly, negligently and/or carelessly undertook repairs in the unit (Fourth Third-Party Complaint at
14, 20, NYSCEF Doc. No. 227). They allege that S & J entered into an contract with the Landes to perform such repairs, pursuant to which S & J agreed to defend and indemnify Andrews and Daimler against all claims of the nature being asserted by Format in the instant action, and to purchase insurance for their benefit, or to name them as an additional insureds on a general liability policy (id. at 14,
