Giaccio v. 179 Tenants Corp.

Order, Supreme Court, New York County (Marcy Friedman, J.), entered June 21, 2005, insofar as it denied defendant 179 Tenants Corp.’s motion for partial summary judgment dismissing the first cause of action sounding in negligence, unanimously reversed, on the law, without costs, the motion granted and the matter remanded for trial on the remaining causes of action.

Plaintiff contends that heat produced over a long period by a hot water pipe under her living room floor caused the wood subflooring to convert to pyrophoric carbon and spontaneously ignite, destroying her apartment. However, given…