COLON v. H&B PLUMBING & HEATING, INC.


305 A.D.2d 235 (2003)

761 N.Y.S.2d 599

MARCELINO COLON, Appellant, v. H&B PLUMBING & HEATING, INC., et al., Respondents. MARCELINO COLON, Respondent-Appellant, v. H&B PLUMBING & HEATING, INC., Appellant-Respondent, and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent.

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

Decided May 15, 2003.


No issue of fact exists as to whether the fire was caused by a gas leak. Con Ed, responding to the third-floor tenant's complaint of a gas smell, shut off the gas to the third-floor apartment and advised plaintiff's father, the building owner, with whom plaintiff's decedents were staying, that a hazardous condition existed and that it would not turn the gas back on until the Buildings Department certified that a licensed plumber had made the necessary repairs. A few days...

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