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PUCCIA v. FARLEY

261 A.D.2d 83 (1999)

699 N.Y.S.2d 576

LAWRENCE PUCCIA et al., Appellants, v. KEVIN FARLEY, Respondent.

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

December 9, 1999.

Attorney(s) appearing for the Case

Cozen & O'Connor, New York City (Jeffrey L. Nash of counsel), New York City, for appellants.

Saperston & Day, P. C., Rochester (Gary H. Abelson of counsel), for respondent.

MERCURE, J. P., SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

PETERS, J.

Plaintiffs purchased a wood-burning stove which was installed in their home by defendant in October 1993. On January 11, 1995, plaintiff Valerie Puccia detected a fire in the vicinity of the wood-burning stove. The fire was successfully extinguished by the local fire department, but the extent of the damage required plaintiffs to leave the premises for the evening. In the early morning hours of January 12, 1995, the fire rekindled...

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