Traub Lieberman Partner Lisa Rolle and Associate Justyn Verzillo obtained summary judgment in favor of their home oil supplier and service client in a subrogation action brought in the Supreme Court of State of New York, Dutchess County. Plaintiff claimed that they were entitled to subrogation for damages resulting from a sprinkler pipe that froze and burst, causing water damage to a residential home. Plaintiff claimed that the firm’s client breached the terms of the service contract and that was the negligent party responsible for the water damage. After the close of discovery, Traub Lieberman filed a motion for summary judgment and Plaintiff filed a cross-motion for summary judgment. In addition to defeating Plaintiff’s motion, Traub Lieberman was able to establish that the long standing contract at the premises was not binding and its client did not owe Plaintiff a legal duty of care. As a result, the Court dismissed all claims.
