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KUHN v. SUGAR REEF INC.

50 A.D.3d 488 (2008)

854 N.Y.S.2d 891

GRAHAM KUHN et al., Plaintiffs, v. SUGAR REEF INC., Doing Business as GLOBAL 33, et al., Defendants. (And a Third-Party Action.) SUGAR REEF INC., Doing Business as GLOBAL 33, Second Third-Party Plaintiff-Respondent, v. BUCKMILLER AUTOMATIC SPRINKLER CORP., et al., Second Third-Party Defendants-Appellants.

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

Decided April 22, 2008.

When a fire broke out at a restaurant owned by third-party plaintiff Sugar Reef Inc., doing business as Global 33, in April 2000, the automatic sprinkler system was activated but did not put out the fire. The system had been installed by third-party defendant Buckmiller Automatic Sprinkler Corp. in early 1990 and inspected monthly by third-party defendant Petzvel Corp. for a year preceding the fire. Although Sugar Reef conceded its own negligence, issues of fact exist as...

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