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CENTENNIAL INSURANCE COMPANY v. HING FA, INC.

301 A.D.2d 422 (2003)

754 N.Y.S.2d 4

CENTENNIAL INSURANCE COMPANY et al., Plaintiffs, v. HING FA, INC., et al., Defendants, and JOSEPH P. DAY REALTY CORP. et al., Defendants and Third-Party Plaintiffs-Appellants. WELL DONE ENTERPRISES, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants. (And Other Actions.)

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

Decided January 16, 2003.

The third-party defendants Well Done and Law concededly had been cited, a mere three days prior to the fire in issue, by the Fire Department Bureau of Fire Prevention for creating or failing to eliminate a fire hazard, including a direction to "disconnect hood duct from existing ducts, so that hood duct is independent." It was, therefore, incumbent upon them, in support of their summary judgment motion, to establish that this proof of negligence bore no relation to the spread...

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