TRIZECHAHN, INC. v. TIMBIL CHILLER MAINTENANCE CORP.

6710, 6710A, 111425/04

92 A.D.3d 409 (2012)

937 N.Y.S.2d 586

2012 NY Slip Op 712

TRIZECHAHN, INC., Respondent, v. TIMBIL CHILLER MAINTENANCE CORP., Appellant, et al., Defendants.

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

Decided February 2, 2012.


Timbil failed to establish its entitlement to judgment as a matter of law in this action arising out of an explosion of a machine that provided air conditioning for plaintiff's building. Timbil was the service maintenance company charged with performing inspections of the machine pursuant to a contract with plaintiff. The record demonstrates that Timbil submitted the affidavit of its vice president stating that the overspeed trip test was performed during the winter maintenance...

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