Utica Mutual Insurance v. Style Management Associates Corp.

Maltese, J.,

dissents, and votes to affirm the order, with the following memorandum. Maltese, J. (dissenting). The issue in this subrogation action is who was responsible to safeguard the residence of Harris Berenson and E. Tyler Berenson (hereinafter together the Berensons) from damage during the renovation project. My colleagues in the majority rely on Labor Law personal injury cases to find that Style Management Associates Corp., Style Management Corp., and Yosi Sason, also known as Yosef Sason (hereinafter collectively the Style defendants), established, prima facie, that they were not the…