McLaughlin & Stern, LLP partner Nelson E. Canter, Esq. Secures Appellate Victory for a Westchester Home Inspection Firm after being Sued by Rye Brook Homeowners
New York, NY – July 10, 2023 – McLaughlin & Stern, LLP, one of the top law firms in New York State, today announced that the New York State Supreme Court Appellate Division – Second Department affirmed a lower court ruling, with costs, in favor of a Westchester based home inspection company. The company, Carnell Associates, Inc., was represented by McLaughlin & Stern, LLP partner Nelson E. Canter, Esq. who heads the Firm’s Insurance Subrogation Practice Group and has defended home inspectors for decades. Jonathan Seti and Rorie Katz had accused Carnell Associates Inc. of gross negligence in 2018, asking for $250,000 to fix their new home in Rye Brook. Carnell asserted that the inspection complied with industry standards and the pre-inspection contract.
In the Appellate Division’s ruling, the appellate panel found that “…the evidence submitted by Carnell in support of its motion was sufficient to demonstrate, prima facie, that the inspection performed in this case was not so defective as to evince a reckless indifference to the rights of others or a failure to exercise even slight care. In opposition, the plaintiffs failed to raise a triable issue of fact as to whether Carnell’s alleged omissions went beyond ordinary negligence and satisfied the gross negligence standard.”
For the full decision, click here.
McLaughlin & Stern, LLP has a long history of representing clients in complex litigation matters, and this victory is the latest example of their efforts to protect and defend the interests of their clients in New York State and around the world.
For more information about McLaughlin & Stern and their legal services, please visit their website at www.mclaughlingstern.com.
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