Parashakis v. 621 Building Corp.

Appellate Division of the Supreme Court of New York

Parashakis v. 621 Building Corp.

281 A.D. 675, 117 N.Y.S.2d 538, 1952 N.Y. App. Div. LEXIS 3203

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 16, 1952

StatusPublished

Cited by1 cases

This text of 281 A.D. 675 (Parashakis v. 621 Building Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parashakis v. 621 Building Corp., 281 A.D. 675, 117 N.Y.S.2d 538, 1952 N.Y. App. Div. LEXIS 3203 (N.Y. Ct. App. 1952).

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Opinion

Determination unanimously reversed, with costs to the appellants, and the judgment of the Municipal Court reinstated. Though the origin of the fire be unknown, the trier of the facts could decide on the evidence, as it apparently did, that fire coming up the dumb-waiter shaft and doing the damage complained of was due to the accumulation of inflammable debris in the dumb-waiter pit. This the court could find was a condition fraught with exceptional danger as well as a violation of the Multiple Dwelling Law and rules of the department of housing and buildings and negligence on the part of the defendant. We do not hold that in every instance where a fire of unknown origin occurs, a liability attaches due merely to the omission of some fire prevention measure which might have prevented the fire. Present — Peck, P. J., Callahan, Van Voorhis and Breitel, JJ.

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Determination unanimously reversed, with costs to the appellants, and the judgment of the Municipal Court reinstated. Though the origin of the fire be unknown, the trier of the facts could decide on the evidence, as it apparently did, that fire coming up the dumb-waiter shaft and doing the damage complained of was due to the accumulation of inflammable debris in the dumb-waiter pit. This the court could find was a condition fraught with exceptional danger as well as a violation of the Multiple Dwelling Law and rules of the department of housing and buildings and negligence on the part of the defendant. We do not hold that in every instance where a fire of unknown origin occurs, a liability attaches due merely to the omission of some fire prevention measure which might have prevented the fire. Present — Peck, P. J., Callahan, Van Voorhis and Breitel, JJ.

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Bluebook (online)

281 A.D. 675, 117 N.Y.S.2d 538, 1952 N.Y. App. Div. LEXIS 3203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parashakis-v-621-building-corp-nyappdiv-1952.

Opinion

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