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PIERRE-LOUIS v. DeLONGHI AMERICA, INC.

2007-10458.

66 A.D.3d 855 (2009)

887 N.Y.S.2d 632

2009 NY Slip Op 7607

MARIE PIERRE-LOUIS, Respondent, v. DeLONGHI AMERICA, INC., et al., Respondents, and ANTONEEN DARDEN et al., Appellants. (Action No. 1.) TOWER INSURANCE COMPANY OF NEW YORK, as Subrogee of ANTONEEN DARDEN, Appellant, v. DeLONGHI AMERICA, INC., et al., Respondents. (Action No. 2.) ALLSTATE INSURANCE COMPANY, as Subrogee of RICK E. BRITTON and Another, Plaintiff, v. ANTONEEN DARDEN et al., Defendants. (And a Third-Party Action.) (Action No. 3.)

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

Decided October 20, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondents appearing separately and filing separate briefs, payable by the appellants.

This appeal stems from three related actions. In action No. 1, the plaintiff sought, inter alia, to recover damages for wrongful death from, among others, Antoneen Darden-McCall, sued herein as Antoneen Darden and Antoneen McCall (hereinafter Darden) arising out of a fire on the premises owned by Darden...

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