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Utica First Ins. Co. v. Homeport I LLC

Subrogation Action Against Construction Manager Over Flooding of Restaurant Survives

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The following e-filed documents, listed by NYSCEF document number (Motion 004) 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 138, 142, 146, 150, 154, 158, 162, 166, 167, 170, 176, 180, 184, 187, 194 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION Upon the foregoing documents, and after oral argument, which took place on April 18, 2023, where Nicholas K. Neonakis, Esq. appeared for Plaintiff Utica First Insurance Company as subrogee of SI Waterfront Management Inc. (“Plaintiff”) and Jennifer L. Culver, Esq. appeared for Defendant HP Services Inc. (“HP”) HP’s motion to dismiss pursuant to CPLR §3211(a)(7) and motion for summary judgment pursuant to CPLR §3212 are denied, without prejudice. I. Background This is a subrogation action arising out of alleged damages stemming from the flooding of a building located at 24 Navy Pier Court, Staten Island, New York (the “Premises”). SI Waterfront Management Inc. (“Subrogor”) occupied a portion of the premises to operate a restaurant named “Wynwood” (NYSCEF Doc. 1 at 30). Homeport allegedly owns the Premises (id. at 24). It is alleged that sometime prior to June 8, 2021 that significant construction work was done to the plumbing and drainage lines at the Premises (id. at 32). Plaintiff alleges that Defendant Ironstate managed, coordinated, and performed this construction work (id. at

36-37). It is likewise alleged that HP managed and supervised construction work at the Premises (id. at

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