FAIRCLOUGH v. ALL SERVICE EQUIPMENT CORP.


50 A.D.3d 576 (2008)

857 N.Y.S.2d 91

TANIA P. FAIRCLOUGH, Respondent, v. ALL SERVICE EQUIPMENT CORP., Appellant.

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

Decided April 29, 2008.


Plaintiff, a sous chef at Houston's restaurant on East 53rd Street in Manhattan, was severely burned on December 30, 2003, when a soup tureen containing au jus gravy, which was sitting on a four-burner gas stove in a pot of boiling water, fell and spilled boiling liquid on her. The accident was allegedly the result of a partially broken cast iron grate covering the stove burner, which was unstable when something was put on it. Plaintiff claimed that the grate had been broken...

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