Heimlich Bros. v. Bobbie Trimmings, Inc.

Determination of the Appellate Term aErming the judgment of the City Court which dismissed the complaint is reversed, on the law and on the facts, the judgment vacated, and a new trial ordered, with costs to appellant to abide the event. The proof establishes that a fire broke out in the premises occupied *624by and in the exclusive control of the defendant or its agents and servants. It is claimed that the fire was caused by a steam iron. The fire set off an automatic sprinkler which caused water to seep through to the premises occupied by the plaintiff on the floor below. The fire and the…