Notable Win: Summary Judgment Granted in Large Loss Construction Defect Case Involving Renovation of a Historic Manhattan Townhouse
Client: ACE Solutions/Carrier: American European Insurance Group
Court: NY Supreme, Manhattan County
Brief Attorney: Nuo Jiang
**Results may vary depending on your particular facts and legal circumstances**
Matter Caption: J. Carey Smith 2019 Irrevocable Trust, et al. v. 11 West 12 Realty, LLC., et al.
Client is an HVAC contractor who installed an HVAC system inside a historic townhouse located in Manhattan. The building was part of the Forbes Estate and last occupied by Malcolm Forbes. Plaintiffs purchased the townhouse and began a full renovation. The general contractor managed the renovation over a 2 year period which included multiple sub-contractors and various aspects of the renovation. Client installed very complex HVAC system including ducts, HVAC units, and advanced thermal controls. Plaintiffs Complaint alleged construction defects, negligence, Civil RICO, and intentional acts. Court granted Summary Judgment in favor of client on the basis that, among other reasons – Insured lacked privity with the Plaintiffs and accordingly did not owe any duty to them.