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WALSH v. MICHELSON

5168. 300849/13.

156 A.D.3d 449 (2017)

66 N.Y.S.3d 5

2017 NY Slip Op 08616

JOHN WALSH, Appellant, v. MIRIAM MICHELSON, Respondent.

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

Decided December 7, 2017.

Plaintiff firefighter was injured while attempting to fight a fire that had originated in defendant's apartment. Issues of fact exist as to whether defendant was negligent in leaving a warming tray/hot plate plugged into a timer, in the "on" position, when she left her apartment to go to a friend's home for dinner. The Fire Marshall concluded that the fire originated in the area of the warming tray/hot plate and timer. Although...

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