INTERSTATE CIGAR CO., INC. v. DYNAIRE CORP.


176 A.D.2d 699 (1991)

Interstate Cigar Co., Inc., et al., Appellants, v. Dynaire Corp., Respondent

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

October 7, 1991


Ordered that the judgment is affirmed, with costs.

The plaintiffs commenced this negligence and breach of contract action against the defendant, alleging its failure to properly install air conditioning units on the roof of a building which housed the plaintiffs' inventory. The plaintiffs' inventory was damaged when rainwater penetrated the roof following the installation of the air conditioners. We agree with the trial court's determination that the plaintiffs failed...

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