Dietrich v. Ohrum

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Defendants’ home was without heat or hot water because a squirrel’s nest had "plugged” the chimney. Plaintiff, a self-employed chimney sweep and chimney repairman, was hired by defendants to remove the nest. On examination before trial, plaintiff testified that he had removed squirrel and other animal nests from chimneys "many times” in the past and that he had extensive experience in the repair of chimneys, including tuck pointing, brick replacement, and the placement of tiles, chimney…