Merrimack Mut. Fire Ins. Co. v. Alan Feldman Plumbing & Heating Corp.,961 N.Y.S.2d 183,102 A.D.3d 754 (N.Y.S. App. Div. 2013)

Practice Areas: Subrogation

Insurance company sued defendant plumbing co to recover money paid for damage to insured’s home caused by alleged negligence of plumber.  Defendant plumbing company’s motion to dismiss on res judicata grounds was granted because a small claims action by the insured homeowner against the plumbing co. had already been dismissed.  On appeal, the Appellate Division, Second Dept. affirmed the dismissal of the insurance company’s action on the grounds that it involved the same claim as that of the homeowner’s action that was dismissed.

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