Legal Opinion
NYP Holdings, Inc. v. McClier Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 2009PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Nardelli, J.
The issue presented concerns the applicability of the volunteer doctrine when an insurer settles a claim against its insured, and seeks to proceed as subrogee against other parties who also allegedly bear responsibility for the underlying loss.
In August of 1998, plaintiff NYP Holdings, Inc. retained defendant McClier Corporation, a professional architectural firm, to provide certain design services related to the construction of a new printing plant in the Bronx. McClier thereupon produced a design for the contemplated premises, after which it hired various…
2Cases cited5 opinions
- Dillon v. U-A Columbia Cablevision of Westchester, Inc.New York Court of Appeals · 2003
- Winkelmann v. Excelsior InsuranceNew York Court of Appeals · 1995
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris USA Inc.New York Court of Appeals · 2004
- King v. PelkofskiNew York Court of Appeals · 1967
- Fasso v. DoerrNew York Court of Appeals · 2009
3Cited by7 opinions
- Wachovia Bank National Ass'n v. EnCap Golf Holdings, LLCDistrict Court, S.D. New York · 2010
- Risk Control Associates Insurance Group v. Maloof, Lebowitz, Connahan & Oleske, P.C.Appellate Division of the Supreme Court of the State of New York · 2017
- NYP Holdings, Inc. v. McClier Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Burlington Insurance Co. v. NYC Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2017
- Markel Insurance v. American Guarantee & Liability InsuranceAppellate Division of the Supreme Court of the State of New York · 2013
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