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Justice Madden Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=121659 Plaintiff insurer sought this subrogation action to recover for property damages sustained by its insured as a result of construction activities on adjacent property owned by defendants. Defendant Kostow Greenwood Architects moved for dismissal, arguing it had no responsibilities regarding underpinnings and shoring of the subrogor’s building and thus had no duty to plaintiff. Plaintiff and defendants Centre Court and Orion argued the motion was premature as little discovery was conducted and was necessary to determine the scope of Kostow’s work and responsibilities regarding the project. The court agreed, noting the documents submitted by Kostow did not establish its prima facie entitlement to summary judgment or dismissal. It found neither the letter agreement nor the project drawings demonstrated the scope of Kostow’s responsibilities and excluded work related to the design or review of the underpinning plans. The court also noted that in view of the substantial amount of discovery outstanding at this early stage, summary judgment should be denied as premature.

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