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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

BANKERS STANDARD INSURANCE COMPANY v. 120 EAST 79TH STREET, INC

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
11109422 Search Pacer
ACE Group party(s): 
Opposing Party: 
120 East 79yh Street, Inc.
Court Type: 
State
State Court: 
New York.Supreme Court (New York)
Date Filed: 
Aug 15 2011

"AS AND FOR A FIRST CAUSE OF ACTION
1. At all relevant times, plaintiff, Bankers Standard Insurance Company, was an insurance carrier authorized to conduct business in the State of New York and issue property insurance policies.

2. At all times hereinafter mentioned, 120 East 79'h Street, Inc. was and still is a corporation duly organized and existing under the laws of the State of New York and the owner of property located at 129 East 79'h Street, New York, New York.

3. At all times hereinafter mentioned, Nora Ryan was an individual residing at 120 East 79'h Street, Apartment 20A, New York, New York.

4. On or about April 13,201 1, the plaintiffs subrogors sustained property damage at the premises located at 120 East 79* Street, New York, New York.

5. At all times hereinafter mentioned, Oliver Goldstein and Barbara Goldstein resided at 120 East 79'h Street, Apartment 19C, New York, New York.

6. That on or about April 13,20 1 1, water entered into the premises of the plaintiffs subrogors, damaging the plaintiff's subrogors' property therein.

7. That the water entered the plaintiffs subrogors' premises as a result of the negligence of the defendants, 120 East 79th Street, Inc. and/or Nora Ryan.

8. That as a result of the aforementioned water, the premises of the plaintiffs subrogors sustained property damage.

9. That as a result of the negligence of the defendants, either jointly or severally, the plaintiffs subrogors' property was damaged in the sum of $43,234.03,

10. That on or about August 3 1,20 10, Bankers Standard Insurance Company issued to its subrogors a policy of insurance for the period of August 3 1,201 0 to August 3 1,20 1 1 , insuring the subrogors' property located at 120 East 7gth Street, Apartment 19C, New York, New York,

11. According to the terms and conditions of the policy of insurance, plaintiff, Bankers Standard Insurance Company, paid its insureds $43,234.03 for losses sustained on or about April 13, 201 1 , for property and contents.

12. By reason thereof, plaintiff, Bankers Standard Insurance Company, was subrogated to the rights of Oliver Goldstein and Barbara Goldstein as against the defendants herein.

13. That plaintiff's subrogors' property was damaged as a result of the negligence of the defendants, 120 East 79'h Street, Inc. and/or Nora Ryan, either jointly or severally.  That plaintiffs subrogors were damaged in the sum of $43,234.03.  Under the terms of said policy, plaintiff was damaged in the sum of $43,234.03.  That the defendants are indebted to the plaintiff in the sum of $43,234.03.

AS AND FOR A SECOND CAUSE OF ACTION
Plaintiff repeats and re-alleges each and every allegation contained in paragraphs “1” through “16”, inclusive, with the same force and effect as if set forth at length herein.

18. That on or about April 13,201 1, the defendant 120 East 79th Street, Inc., as owner of the premises, had been advised of problems with the drain in the premises located at 120 East 79* Street, Apartment 20A, New York, New York.

19. That on or before April 13,20 1 1, the defendant 120 East 79th Street, Inc. had undertaken various endeavors to rectify problems with the drain located in the premises located at 120 East 79th Street, Apartment 20A, New York, New York.

20. As owner of the premises, defendant 120 East 79th Street, Inc. had a duty to maintain and to oversee all work performed in the premises.

21, That as a result of the failure of the defendant 120 East 79” Street, Inc. to properly supervise the work of employees andlor contractors performing work in the premises, water was subsequently permitted to escape, entering the plaintiffs subrogors’ premises and damaging the plaintiffs subrogors’ property located therein.

22. That defendant 120 East 79th Street, Inc.’s failure to properly supervise the work of its employees and/or contractors was negligent and, as a result, plaintiffs subrogors’ property was
= damaged in the sum of $43,234.03."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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