STORY FROM: Superstorm Sandy Insurance Litigation

N.Y. Federal Judge Allows 3rd Party Contribution Claims to Proceed in Subrogation Action

NEW YORK — A New York federal judge has refused to dismiss a third-party complaint brought against a tree service in an insurance subrogation action, ruling that the plaintiff has adequately pled claims for contribution, common-law indemnity and contractual indemnity.

In a Nov. 20 order, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York found the plaintiff sufficiently alleged that the tree service’s negligence contributed to the property damage.

On Aug. 8, 2013, a Haverstraw, N.Y., car wash owned by JR Realty & Property Management Corp. and 9Q Auto Wash Corp. was damaged ...

Associated Law Firms
Cullen & Dykman
Wilson Elser Moskowitz Edelman & Dicker

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