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

BANKERS STANDARD INSURANCE COMPANY v. PETER REGINATO

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.

ACE Group party(s): 
Opposing Party: 
158923-2012E
Court Type: 
Federal
State Court: 
New York.Supreme Court (New York)
Date Filed: 
Mar 5 2013

"Plaintiff, by its attorneys, BRUCE SOMERSTEIN & ASSOCIATES, P.C., complaining of the defendants, upon information and belief, states:

1. Plaintiff is and at all the times hereinafter mentioned, was a corporation duly authorized to engage in the business of insurance in the State of New York, and having a place of business at 436 Walnut Street, New York, New York.

2. Defendant Peter Reginato is and at all times hereinafter mentioned was a natural person, domiciled in the State of New York, and having an address at 60 Greene Street, Unit No.: 5, New York, New York 10012.

3. Defendant Cynthia Basinet is and at all times hereinafter mentioned was a natural person, domiciled in the State of New York, and having an address at either 60 Greene Street, Unit No.: 5, New York, New York 10012, or at 2 Perm Plaza, Ste. 1500, New York, New York 10001.

4. Prior to January 11,2012, and at all times hereinafter mentioned, Michael Birkin and Katrina Birkin owned and occupied the premises located at 60 Greene Street, Unit No.: 4, New York,
New York.

5. Prior to about January 11, 2012, plaintiff issued a policy of insurance to Michael Birkin and Katrina Birkin, which insured the premises and the contents therein located at 60 Greene Street, Unit No.: 4, New York, New York, from various costs and expenses incurred arising from various designated perils, including water.

AS AND FOR A FIRST CAUSE OF ACTION

6. On or about January 11,2012, defendant Peter Reginato occupied and controlled Unit No.: 5 located at 60 Greene Street, New York, New York.

7. On or about January 11,2012, defendant Cynthia Basinet was a guest and/or invitee occupying and/or using Unit No.: 5 located at 60 Greene Street, New York, New York with the permission and consent of defendant Peter Reginato.

8. Upon information and belief, on or about January 11,2012, water overflowed from a bathroom located within Unit No.: 5 and caused water to run down into Unit No.: 4 located below.

9. By reason thereof, water flowed into and caused extensive damage to the property and premises of Michael Birkin and Katrina Birkin.

10. Said damages were caused wholly and solely by reason of the carelessness, negligence and culpability of the defendants Peter Reginato and Cynthia Basinet, in the occupation, operation, and control of Unit No.: 5; in causing damage to the premises and property of Michael Birkin and Katrina Birkin; in allowing water to flow into Unit No.: 4, which was owned by Michael Birkin and Katrina Birkin; in over filling the bathtub within the bathroom within Unit No. 5; in failing to use due care and caution under the circumstances and in otherwise being negligent, careless and culpable.

11. By reason of the foregoing, property and premises of Michael Birkin and KatrinaBirkin sustained damages in the amount of $32,234.03.

12. Plaintiff insured Michael Birkin and Katrina Birkin against said damage and indemnified them therefore, and became subrogated to their rights against the defendants.

13. By reason of the foregoing, plaintiff has been damaged in the amount of $32,234.03.

AS AND FOR A SECOND CAUSE OF ACTION

14. Upon information and belief, the defendants were in exclusive control of the bathroom located in Unit No.: 5 located at 60 Greene Street, New York, New York at the time of the occurrence on or about January 11,2012.

15. Said damages were caused wholly and solely by reason of the defendants carelessness, negligence and culpability in the causing the release of the water. Therefore, plaintiff relies on the doctrine of res ipsa loquitar.

16. By reason of the foregoing, plaintiff has been damaged in the amount of $32,234.03.

AS AND FOR A THIRD CAUSE OF ACTION

17. Escaping waters improperly and unlawfully entered the premises owned and occupied by Michael Birkin and Katrina Birkin without their permission and consent.

18. Such action constituted a trespass and interference with the proprietary rights of Michael Birkin and Katrina Birkin.

19. By reason the foregoing trespass, plaintiff has been damaged in the amount of $32,234.03.

WHEREFORE, plaintiff demands judgment against the defendants in the amount of $32,234.03 with interest thereon from January 11, 2012 and the costs and disbursements of this action."

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.

Javascript is required to view this map.