Legal Opinion
State Farm Fire & Casualty Co. v. Main Bros. Oil Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2012Published
1Opinion of the CourtSpain, J.
*1576In December 2010, plaintiff commenced this action against Hastings and Main Brothers, alleging negligence on the part of Hastings and that Main Brothers was liable as the successor in interest to Hastings. Main Brothers answered and asserted a cross claim against Hastings for indemnification. Plaintiff thereafter agreed to discontinue its direct claim against Hastings and moved for leave to amend its complaint to assert direct liability against Main Brothers based on Main Brothers’ own alleged negligence in failing to discover and/or correct the defect while servicing the boiler in the years…
2Cases cited15 opinions
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Schumacher v. Richards Shear Co.New York Court of Appeals · 1983
- Grant-Howard Associates v. General Housewares Corp.New York Court of Appeals · 1984
- Wensing v. Paris Industries-New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Mason v. First Central National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
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