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HERITAGE FUNDING, LLC v. DOYLE BROS. PLUMBING & HEATING, INC.

Index No. 151695/19. Appeal No. 15782. Case No. 2021-03739.

204 A.D.3d 535 (2022)

165 N.Y.S.3d 279

2022 NY Slip Op 02621

Heritage Funding, LLC, Respondent, v. Doyle Bros. Plumbing & Heating, Inc., Appellant, et al., Defendants.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Farber Brocks & Zane L.L.P., Garden City (Lester Chanin, of counsel) for appellant.

Clausen Miller P.C., New York (Richard T. Freilich, of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.

The court properly concluded that there were issues of fact concerning the relationship between Doyle Bros. and Doyle & Son Plumbing & Heating, which obtained a permit in 2005 for work at plaintiff's premises. Edward Doyle was named as the master plumber in the permit, and he submitted an affidavit in this action stating that he was president of Doyle Bros. With discovery, plaintiff may be able to establish successor liability by Doyle Bros. regardless of when the...

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