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Selmer's Petland Corp. v. All Island Heating

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 606 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

Appeal from the Supreme Court, Suffolk County (Underwood, J.).


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The respondent, All Island Heating and Air Conditioning, Inc., installed an Emerson electronic air cleaner in a building and business owned and operated by the plaintiffs. Thereafter, a fire caused extensive damage, which the plaintiffs alleged was the result of the negligent installation of the air cleaner by the respondent. The plaintiffs further alleged that the respondent breached implied and express warranties with respect to the installation of the air cleaner. The respondent moved for summary judgment dismissing the complaint against it contending that the deposition testimony established that the cause of the fire could not be determined. The Supreme Court granted the respondent's motion finding that the plaintiffs' expert merely speculated as to the exact cause of the fire and that such evidence should not be submitted to a jury. We disagree.

An investigation report and an affidavit of the plaintiffs' expert state that an electrical malfunction in the wiring of the air cleaner caused the fire. Under the circumstances, there is a question of fact as to the cause of the fire and the respondent's motion for summary judgment was improperly granted. Rosenblatt, J.P., Miller, Ritter and Friedmann, JJ., concur.


Summaries of

Selmer's Petland Corp. v. All Island Heating

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 606 (N.Y. App. Div. 1996)
Case details for

Selmer's Petland Corp. v. All Island Heating

Case Details

Full title:SELMER'S PETLAND CORPORATION et al., Appellants, v. ALL ISLAND HEATING AND…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 20, 1996

Citations

224 A.D.2d 606 (N.Y. App. Div. 1996)
638 N.Y.S.2d 694