S.C. Freidfertig Builders v. Robert M. Spano Plumbing & Heating

DECISION & ORDER This action arises from a fire which destroyed residential premises owned by the plaintiff corporation which had been undergoing extensive renovation. The fire allegedly began when an employee of the defendant Robert M. Spano Plumbing & Heating, Inc. (hereinafter Spano), which firm was under contract to do plumbing work at the subject premises, was working in the premises with an acetylene torch. The Fire Department of the Village of Scarsdale arrived at the scene and apparently extinguished the fire with minimal damage to the premises. The Spano employee stated that, upon seeing smoke still arising from the chimney area, he inquired of a Fire Captain and was assured that the smoke was, in fact, only steam resulting from cool water having dampened the warm chimney. The employee allegedly communicated these assurances to the plaintiff's president, Shlomo Freidfertig, when he arrived at the scene. Apparently relying on these assurances, Freidfertig returned to his home. Twelve hours later, a rekindling of the original fire completely destroyed the structure. The plaintiff thereafter commenced this negligence action against Spano and the Village of Scarsdale. The defendant Village subsequently moved for summary judgment on the basis that it could not be held liable to a plaintiff with whom it had had no direct contact and thus had formed no special relationship to protect its premises in particular. The Village also sought summary judgment dismissing the cross claim for contribution, similarly on a theory that it owed it no special duty under these circumstances. The Supreme Court denied the motion, and we affirm.