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CLARKE v. BROOKLYN UNION GAS COMPANY

297 A.D.2d 779 (2002)

747 N.Y.S.2d 581

ALLEN CLARKE, Appellant, v. BROOKLYN UNION GAS COMPANY et al., Respondents, et al., Defendant. (Action No. 1.) ERIC BROWN, Plaintiff, v. BROOKLYN UNION GAS COMPANY et al., Defendants. (Action No. 2.) DOROTHY McLEOD et al., Appellants, v. BROOKLYN UNION GAS COMPANY, Respondent, et al., Defendants. (Action No. 3.)

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

Decided September 30, 2002.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

On November 22, 1996, an employee of the defendant Brooklyn Union Gas Company (hereinafter Brooklyn Union) visited the house of the defendants Dorothy E. McLeod and Vivian McLeod (hereinafter the McLeod defendants), shut off the gas to a hot water heater that was reportedly leaking water, and tested for, but...

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