After nine successful years, Bowitch & Coffey is closing its doors. Starting August 1, 2021, Gary Bowitch and Dan Coffey will be practicing law in their own law firms and will continue to provide clients with the same high quality legal services in their areas of expertise. Their new contact information is:
Gary S. Bowitch
Attorney at Law
13 Willow Street
Castleton, NY 12033
Phone: 518-527-2232
Email: gbowitch@bowitchlaw.com
Bowitch Law New Website
Daniel Coffey
Coffey Law PLLC
17 Elk Street
Albany, NY 12207
Phone: 518-813-9500
Email: Dan@coffeylawny.com
Coffey Law New Website
Arbitrator finds liability against fire extinguishment inspection company
A retired judge serving as arbitrator found a fire alarm inspection company 85% liable in a property subrogation action argued by Dan Coffey. The judge held the company failed to adequately test a diner’s alarm system and improperly provided a six-month certification for the system in April 2004. The diner burned down four months later when the dry chemical system failed to operate and extinguish a stove grease fire. The company failed to perform certain tests, yet improperly certified the system to be “in proper working order.”
Appellate Court Overturns Arson Verdict
The appellate court in Albany recently threw out a jury’s verdict convicting James Richardson of arson [1]. Because two judges dissented, the case may be appealed as of right to New York’s highest court. Arson investigators concluded the fire originated in the northwest corner of Richardson’s kitchen, where a space heater, refrigerator, stove, microwave, water cooler and outside light were all plugged into a single power strip. Two arson investigators testified that they ruled out all accidental causes, including electrical. A lab report confirmed the presence of a medium petroleum distillate on a portion of the baseboard where the fire originated. Richardson was convicted by the jury of arson and sentenced to an aggregate term of 3 ½ to 10 years in prison.
Court Interprets Contractor’s Indemnification Clause
Deutsche Bank hired Henegan Construction, as general contractor, to renovate a building located at 60 Wall Street in Manhattan. Henegan, in turn, entered into a subcontract with Adco Electrical which required Adco to install new transformers at the building. Two transformers were delivered, but could not be installed until Con Edison arrived and shut off power to the building. Consequently, the transformers were stored in the building for approximately two (2) months awaiting installation by Adco. While in storage, unknown vandals stole parts from one of the units.
More Articles...
- Court Allows Subrogation Action To Proceed Against A Municipality
- One Court Allows Auto Fire Case to Proceed; Another Court Dismisses Fireplace Subro
- Subrogation Mold Claim Is Dismissed
- Court Dismisses Claim by Property Owner Against Municipality
- “AntiSubrogation Rule” Does Not Bar Indemnification Claim
