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Montano v. O'Connell

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1992
186 A.D.2d 461 (N.Y. App. Div. 1992)

Summary

In Montano, the New York Board of Fire Underwriters had opined that the flammable vapors from the products used had probably been ignited by the gas from the pilot light.

Summary of this case from LAMB-SHAPIRO v. MAXI CONSTRUCTION CORP.

Opinion

October 22, 1992

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).


Whether work is inherently dangerous, and thus an exception to the general rule that an employer who hires an independent contractor is not liable for the independent contractor's negligent acts, is normally a question of fact to be determined by the jury (Rosenberg v Equitable Life Assur. Socy., 79 N.Y.2d 663, 670). In this action, plaintiff seeks to recover monetary compensation for property damage sustained by her cooperative apartment unit when a gas explosion occurred in the adjacent apartment owned by the appealing defendants, while independent contractors were sanding and refinishing wooden floors with highly flammable chemicals. The New York Board of Fire Underwriters investigated the matter and reported that flammable vapors from the products used in the work were probably ignited by the oven's gas pilot light. The record also indicates the appealing defendants knew the gas was turned on at the time the independent contractors arrived at the apartment with their materials to do the work. Under these circumstances there is triable issue of fact as to whether the refinishing process is inherently dangerous, thus precluding the grant of summary judgment to the appealing defendants.

Concur — Wallach, J.P., Kupferman, Kassal and Rubin, JJ.


Summaries of

Montano v. O'Connell

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1992
186 A.D.2d 461 (N.Y. App. Div. 1992)

In Montano, the New York Board of Fire Underwriters had opined that the flammable vapors from the products used had probably been ignited by the gas from the pilot light.

Summary of this case from LAMB-SHAPIRO v. MAXI CONSTRUCTION CORP.
Case details for

Montano v. O'Connell

Case Details

Full title:LYNN MONTANO, Respondent, v. LINDA O'CONNELL et al., Appellants, et al.…

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

Date published: Oct 22, 1992

Citations

186 A.D.2d 461 (N.Y. App. Div. 1992)
589 N.Y.S.2d 26

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