Opinion
June 7, 1971
Appeal from the Civil Court of the City of New York, County of New York, PHILIP J. ZICHELLO, J.
Milton Davidoff for appellants.
Rupert Holland for respondents.
The owner of a cleaning store which merely collects clothing for cleaning elsewhere and contains no highly flammable material has no duty, in the absence of statute, to install a sprinkler or other fire alarm system. It was error to predicate a finding of negligence on failure to install such apparatus. Since a bailee for mutual benefit is not an insurer and no liability exists for loss of property by him as a result of fire where negligence has not been established ( Hale v. Platek, 182 N.Y.S. 750; Equitable Paper Bag Co. v. Long Is. R.R. Co., 172 Misc. 934; DeOnis v. Schmeltzer, 71 N.Y.S.2d 384) substantial justice "according to the rules of substantive law" (CCA, § 1804) requires reversal.
The judgments should be reversed, without costs and complaints dismissed.
Concur — LUPIANO, J.P., MARKOWITZ and GOLD, JJ.
Judgments reversed, etc.