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NYP HOLDINGS, INC. v. McCLIER

65 A.D.3d 186 (2009)

881 N.Y.S.2d 407

NYP HOLDINGS, INC., Plaintiff, v. McCLIER CORPORATION et al., Defendants. McCLIER CORPORATION, Third-Party Plaintiff-Respondent, et al., Third-Party Plaintiffs, v. RUTTURA & SONS CONSTRUCTION COMPANY, INC., et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants. McCLIER CORPORATION, Second Third-Party Plaintiff-Respondent, v. MORRELL BROWN CORPORATION, Second Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2009.

Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York City (Alvin Goldstein of counsel), for Ruttura & Sons Construction Company, Inc.; Jaspan Schlesinger LLP, Garden City (Charles W. Segal of counsel), for Proto Construction & Development Corp.; White and Williams LLP, New York City (Michael J. Kozoriz of counsel), for First Women's Fire Systems Corp.; and McGivney & Kluger, P.C., New York City (Lawrence J.T. McGivney of counsel), for Morrell Brown Corporation, appellants.

Zetlin & De Chiara LLP, New York City (Raymond T. Mellon and Michelle Fiorito of counsel), for respondent.

GONZALEZ, P.J., CATTERSON, MOSKOWITZ and RENWICK, JJ., concur.

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...

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