EAVES BROOKS v. Y.B.H. REALTY


76 N.Y.2d 220 (1990)

Eaves Brooks Costume Company, Inc., Also Known as Eaves Costume Co., Inc., Appellant, v. Y.B.H. Realty Corp. et al., Defendants, and M. Lionel Aprill et al., Doing Business as New York Automatic Sprinkler Service Co., et al., Respondents.

Court of Appeals of the State of New York.

Decided June 12, 1990.


Attorney(s) appearing for the Case

Kenneth D. Goldberg, Jack L. Cohen, Richard P. Marin and Steven H. Beldock for appellant.

Steven Farmer for M. Lionel Aprill, respondent.

Charles P. Duffy for Wells Fargo Alarm Services, respondent.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


Chief Judge WACHTLER.

This is an action to recover for property damage sustained by a commercial tenant when a fire sprinkler system malfunctioned and flooded the leased premises. The question presented on this appeal is whether the tenant can recover against the two companies under contract with the building's owners to inspect the sprinkler system and to maintain an alarm system.

We agree with the Appellate...

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