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NIEVES v. FIVE BORO

93 N.Y.2d 914 (1999)

712 N.E.2d 1219

690 N.Y.S.2d 852

REDING NIEVES et al., Respondents, v. FIVE BORO AIR CONDITIONING & REFRIGERATION CORP., Defendant and Third-Party Plaintiff-Appellant. UNITED FIRE PROTECTION, INC., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided May 13, 1999.

Attorney(s) appearing for the Case

Rende, Ryan & Downes, L. L. P., White Plains (Wayne M. Rubin of counsel), for appellant.

Stanley A. Tomkiel, III, Yonkers, for Reding Nieves and another, respondents.

Ahmuty, Demers & McManus, Albertson (Joseph A. Oliva of counsel), for United Fire Protection, Inc., respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and defendant Five Boro Air Conditioning & Refrigeration Corporation's cross motion for summary judgment granted. The certified question should be answered in the negative.

According to plaintiffs' submissions on their motion for summary judgment, the accident occurred when, while working on the installation of a sprinkler...

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