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Heritage Funding LLC v. Doyle Bros. Plumbing & Heating Inc.

Plaintiff Entitled to Discovery to Explore Issues; Defendant Denied Summary Judgment

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The following e-filed documents, listed by NYSCEF document number (Motion 003) 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 were read on this motion to/for JUDGMENT — SUMMARY. DECISION ORDER ON MOTION In this negligence action, Heritage Funding, LLC (“Plaintiff”) alleges that Defendants Doyle Bros Plumbing & Heating Inc., RIP Construction Consultants1, JMJ Cross Enterprises, MIA Contracting, Inc., and Robert Novogratz negligently performed plumbing work which resulted in pipes bursting and causing damage to Plaintiff’s premises. In motion sequence 003, Defendant Doyle Bros Plumbing & Heating Inc. (“Defendant”) moves for summary judgment. The motion has been fully submitted. Background Plaintiff alleges that on or about February 15, 2016, it retained Defendant to perform certain plumbing work at its property, 1 Center Market Place, New York, New York 10013 (the “premises”). (NYSCEF Doc No. 1, Cmplt, at 7.) Plaintiff alleges that RIP Construction Consultants were also hired as a coordinator, MIA Contracting, Inc. as a subcontractor, JMJ Cross Enterprises as an engineering consultant, and Robert Novogratz as a general contractor. (Id. at

8-11.) Plaintiff alleges that on or before February 15, 2016, the Defendants negligently installed a water line through an unheated cavity, and that on or about the same day, frigid air caused the pipe to burst, releasing water and damaging Plaintiff’s property. (Id. at

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