Merchants Mutual Insurance Co. v. Active Fire Control, Inc., et al.

CFO Legal > Merchants Mutual Insurance Co. v. Active Fire Control, Inc., et al.

Brief Description of Case:

This is a subrogation action to recover insurance benefits paid for property damage which resulted from a fire that occurred on October 9, 2014. The fire allegedly occurred when combustible roof material ignited in the space adjacent to an exhaust hood duct extending from a commercial stove hood to the roof of the subject premises. Our client, Grease Killers, Inc., is a contractor who specializes in commercial kitchen exhaust system cleaning, and cleaned the stove hoods and ducts at the subject premises prior to the date of the fire.

Court or Jury’s Decision and Reasoning:

The Court granted Grease Killers, Inc., summary judgment motion and found: (1) that Grease Killers established its prima facie entitlement to dismissal of plaintiff’s claims under common law negligence; (2) that as no party came forward with any evidence raising a triable issue of fact in opposition to Grease Killers’ motion for summary judgment, the complaint and cross claim against it are dismissed.

The Best Possible Defense

Attorneys:

Summary Judgment motion was drafted by Michael Reagan

Party We Represent:

Grease Killers, Inc.

Venue:

Supreme Court, Suffolk County

Date:

February 2023