Federal Insurance v. Evans Construction of New York Corp.

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered March 23, 1998, which granted the motion of defendant-respondent Maspeth 56-25 58 Street Corp. c/o European American Bank (EAB) for summary judgment dismissing the complaint and cross-claims against it, unanimously reversed, on the law, without costs, and the motion denied.

This negligence action arises out of property damage that allegedly occurred when defendant Evans Construction Company of New York d/b/a Evans Construction (Evans), which was the occupant of a vacant lot adjoining property leased by plaintiffs *509subrogee,…