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COHEN BROTHERS REALTY v. J.J. ROSENBERG ELECTRICAL CONTRACTORS, INC.

265 A.D.2d 242 (1999)

697 N.Y.S.2d 20

COHEN BROTHERS REALTY et al., Respondents-Appellants, v. J.J. ROSENBERG ELECTRICAL CONTRACTORS, INC., Appellant-Respondent and Third-Party Plaintiff-Appellant. THE GAP, INC., Third-Party Defendant-Respondent and Appellant, v. J.J. ROSENBERG ELECTRICAL CONTRACTORS, INC., Respondent.

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

Decided October 26, 1999.

Plaintiffs claim that the fire was caused by defendant's replacement, five days before the fire, of a 15 amp circuit breaker with a 20 amp circuit breaker that allowed a short in an extension cord underneath a desk to go unnoticed. A different cause is indicated in the report of the Fire Marshal who inspected the premises on the day of the fire, which opined that the fire started in a graphics printer that was not on the same line as the circuit breaker installed by defendant...

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