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ST. PAUL FIRE & MARINE INS. CO. v. CITY OF NEW YORK

No. 879, Docket 89-7904.

907 F.2d 299 (1990)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, As Subrogee of E. Gluck Corporation, Plaintiff-Appellee, v. CITY OF NEW YORK and City University of New York, Defendants-Appellants, and Contel Business Systems, Inc. f/k/a Executone, Inc., Defendant. CONTEL BUSINESS SYSTEMS, INC. f/k/a Executone, Inc., Third-Party Plaintiff, v. BEDROCK REALTY CO. and Lazard Realty, Inc., Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided June 27, 1990.

Attorney(s) appearing for the Case

Barry P. Schwartz, New York City (Fay Leoussis, Peter L. Zimroth, Corp. Counsel of the City of New York, of counsel), for defendants-appellants.

David J. Groth, Philadelphia, Pa. (Cozen and O'Connor, Philadelphia, Pa., Kenneth A. Bloom, O'Donnell, Fox & Gartner, P.C., New York City, of counsel), for plaintiff-appellee.

Before OAKES, Chief Judge, KEARSE and FLETCHER, Circuit Judges.

OAKES, Chief Judge:

In this appeal of a judgment entered in the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge) on August 10, 1989, the City of New York and City University of New York challenge a jury verdict that they are liable for water damage that ruined a half-million dollar inventory of watches. We agree with appellants' claims that the action should not have been submitted to the jury on a theory of res ipsa loquitur...

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