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MERINO v. LEFT NINE, INC.

258 A.D.2d 896 (1999)

685 N.Y.S.2d 363

ROBERT MERINO, Respondent, v. LEFT NINE, INC., Doing Business as CLANCY'S, Appellant.

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

Decided February 10, 1999.

Judgment unanimously affirmed with costs.

Memorandum:

Plaintiff is the owner of a building in Niagara Falls that was damaged in a fire. He brought this action alleging that the fire was caused by the negligence of defendant, his tenant, in using a box fan to cool a compressor in the basement. At the nonjury trial, an employee of defendant testified that the fan had been left on continuously for several weeks. Plaintiff...

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