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GIACCIO v. 179 TENANTS CORP.

45 A.D.3d 454 (2007)

845 N.Y.S.2d 328

EVELYN D. GIACCIO, Respondent, v. 179 TENANTS CORP., Appellant.

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

Decided November 20, 2007.

Plaintiff contends that heat produced over a long period by a hot water pipe under her living room floor caused the wood subflooring to convert to pyrophoric carbon and spontaneously ignite, destroying her apartment. However, given the lack of complaints about heat or burning smells emanating from the floors above the pipes, or evidence of any pyrophoric carbon found under the floorwood, in any of the other apartments on plaintiff...

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