DeMirjian v. Ideal Heating Corp.

WOOD (Parker), J.

Appeal by defendant Ideal Heating Corporation from an order granting plaintiffs’ motion for a new trial. The action is to recover damages which resulted from a fire that destroyed part of a building and personal property. The fire was caused by the alleged negligence of defendant Lupella, an employee of defendant Ideal. In a jury trial, judgment was for defendant Ideal. (Lupella did not appear in the action—apparently he was not served with summons and complaint.) The motion for a new trial was granted on the grounds of insufficiency of the evidence, and errors of law.

There…