Legal Opinion
Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.
New York Court of Appeals
Decided June 12, 1990PublishedCited by 183 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Wachtler.
This is an action to recover for property damage sustained by a commercial tenant when a fire sprinkler system malfunctioned and flooded the leased premises. The question presented on this appeal is whether the tenant can recover against the two companies under contract with the building’s owners to inspect the sprinkler system and to maintain an alarm system.
We agree with the Appellate Division that the complaint should be dismissed as against those two defendants. We rest *223our decision, however, not on the distinction between misfeasance and…
2Cases cited6 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Melodee Lane Lingerie Co. v. American District Telegraph Co.New York Court of Appeals · 1966
- World Trade Knitting Mills, Inc. v. Lido Knitting Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Corporate Leasing, Inc. v. AFA Protective Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by183 opinions
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Church v. Callanan Industries, Inc.New York Court of Appeals · 2002
- George Lombard and Lomar, Inc. v. Booz-Allen & Hamilton, Inc. ("Bah"), and W. Frank Jones, Individually and as an Employee of BahCourt of Appeals for the Second Circuit · 2002
178 more not listed; retrieve them via the Exa API.