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LEONARDO v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

279 A.D.2d 296 (2001)

719 N.Y.S.2d 234

WILLIAM LEONARDO et al., Respondents, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Respondents, and ALL-NU GENERAL CONTRACTING CORP., Appellant, et al., Defendant. CMA ENTERPRISES, LTD., Third-Party Plaintiff, v. DYNAMIC PLUMBING CONSULTANTS CORP., Third-Party Defendant-Appellant. (And Another Action.) (Action No. 1.) JECHIL KOPF, Respondent, v. CMA ENTERPRISE, LTD., et al., Respondents, and ALL-NU GENERAL CONTRACTORS CORP., Appellant, et al., Defendants. (And Other actions.) (Action No. 3.)

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

Decided January 11, 2001.

The court properly set aside the verdict since plaintiff William Leonardo, president of third-party defendant Dynamic Plumbing Consultants Corp., conceded that the explosion occurred after he flicked a lighter in a room into which gas had escaped. Although plaintiffs' expert, the only expert to testify at trial, offered the opinion that Leonardo's actions were not the proximate cause of the accident, expert testimony, even when uncontroverted, is not necessarily conclusive...

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