WEINER v. D. F. BATCHIE PLUMBING & HEATING CO.


118 A.D.2d 850 (1986)

Shirley Weiner et al., Appellants, v. D. F. Batchie Plumbing and Heating Co. et al., Defendants, and City of White Plains, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 31, 1986


Order affirmed, without costs or disbursements.

The plaintiffs seek to impose liability upon the City of White Plains (hereinafter the city) for allegedly violating a special duty by issuing a permit and "blue card" for the installation of a gas conversion burner which, the plaintiffs allege, was defective and emitted a noxious chemical which resulted in the asphyxiation of the decedent Hyman Weiner and personal injuries to the plaintiff Shirley Weiner.

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