Flynn v. Sinclair Oil Corp.

Order, entered on July 22, 1963, denying motions of defendants-appellants to dismiss the causes of action and the complaint but granting motion to add a party defendant, unanimously reversed on the law, without costs, and the motion to dismiss the complaint granted on the ground of res judicata. Negligence by an oil burner installer in repairing a stairway and railing previously damaged by it, might establish prima facie liability to an employee of the building owner whose injury was caused by a defect in the repair, whether the repair was authorized or merely volunteered (see, e.g., Inman v.…