Nathalie Hackett Victorious in Obtaining a Voluntary Dismissal in Property Subrogation Case

New York Partner Nathalie C. Hackett successfully secured a voluntary dismissal with prejudice of a property subrogation action filed against her client, a tenant, by the landlord’s insurer in New York Supreme Court, Erie County.  The insurer alleged that the tenant caused a fire and total destruction of the premises by interconnecting multiple extension cords powered by gas-fueled generators in the garage, which were used to provide limited heat, hot water, and Wi-Fi to the premises.

As a result of a thorough investigation, Ms. Hackett uncovered that the landlord was complicit in creating these conditions by failing to maintain the electrical meter, leading to its removal by the local utility company, and further failing to retain a licensed contractor to restore electricity to the premises despite the tenant’s repeated requests. Leveraging these findings, Ms. Hackett initiated a separate subrogation action against the landlord and the utility company on behalf of the tenant’s rental insurer.

Following the completion of written discovery and Ms. Hackett’s deposition of the landlord’s insurance adjuster, which effectively dismantled the insurer’s liability theory against our client, the Director of Claims for the landlord’s carrier consented to a mutual dismissal of all claims, with prejudice, as to all parties.

Ms. Hackett’s strategic defense, combined with the application of subrogation principles and proactive claims investigation, turned what began as a high-exposure subrogation claim into a full dismissal while protecting the client’s interests.

About Nathalie C. Hackett

Nathalie C. Hackett is a member of the Construction Law, Insurance Coverage / Bad Faith, Premises Liability, Product Liability, Professional Liability, and Subrogation and Recovery teams. Through her superior legal skills and pragmatic litigation approach, she has gained extensive experience in personal injury defense and subrogation of high-exposure property damage claims, resulting in numerous successful resolutions. Her consistency in delivering positive outcomes for clients has earned her a reputation as a well-respected legal professional.