PENN v. JAROS


25 A.D.3d 402 (2006)

809 N.Y.S.2d 6

SAMANTHA PENN, Respondent, v. JAROS, BAUM & BOLLES et al., Appellants, et al., Defendants. CITY OF NEW YORK, Third-Party Plaintiff, v. THE DEPOSITORY TRUST & CLEARING CORPORATION et al., Third-Party Defendants, and THE DEPOSITORY TRUST COMPANY, Third-Party Defendant-Respondent. (And Other Actions.)

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

January 12, 2006.


Plaintiff's decedent was locked in a bank vault after regular business hours at her place of work. Unable to obtain assistance by telephone, she pulled a fire alarm. Unfortunately, the alarm also activated a carbon dioxide suppression system, which quickly filled the vault with gas that led to her death. There are questions of fact as to the potential liability of each of the myriad parties to this lawsuit.

Kidde-Fenwal was the manufacturer of some of the components...

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