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COLON v. H&B PLUMBING & HEATING, INC.

279 A.D.2d 309 (2001)

718 N.Y.S.2d 832

MARCELINO COLON, Respondent, v. H&B PLUMBING & HEATING, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided January 11, 2001.

In support of the motion defendants rely on the opinion of the investigating Fire Marshal who asserted that the fire was not caused by a gas leak but by a faulty refrigerator motor causing the refrigerator's wiring to overheat. In opposition, plaintiff submitted evidence that on April 21, 1995, Con Ed, responding to a report of a gas smell, inspected the premises, discovered a gas leak, shut off the gas, advised plaintiff that...

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