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Jordan v. Lehigh Construction Group, Inc.

Citations: 269 A.D.2d 764; 702 N.Y.S.2d 735; 2000 N.Y. App. Div. LEXIS 1638Docket: Appeal No. 2

Court: Appellate Division of the Supreme Court of the State of New York; February 15, 2000; New York; State Appellate Court

Narrative Opinion Summary

Order unanimously affirmed without costs. ATI Services, Inc. was contracted by FMC Corporation, Peroxygen Chemicals Division, to inspect, test, and repair or replace smoke and fire alarm systems. The plaintiff's decedent died after jumping or falling from a second-story window at FMC's Tonawanda plant, where he was exposed to smoke. The plaintiff alleged that ATI Services was negligent in failing to repair or replace the alarm systems. The Supreme Court granted ATI’s motion for summary judgment, dismissing the complaint. The court found that ATI established it had no legal duty regarding the design, maintenance, or installation of the sprinkler system that malfunctioned during the incident, and the plaintiff did not present a triable issue of fact to contest this.

Legal Issues Addressed

Negligence and Duty of Care

Application: The court determined that ATI Services, Inc. did not have a legal duty concerning the design, maintenance, or installation of the sprinkler system, which was a critical factor in dismissing the negligence claim against them.

Reasoning: The court found that ATI established it had no legal duty regarding the design, maintenance, or installation of the sprinkler system that malfunctioned during the incident.

Summary Judgment in Negligence Claims

Application: The Supreme Court granted summary judgment in favor of ATI Services, Inc. by establishing that there was no triable issue of fact presented by the plaintiff, which justified the dismissal of the complaint.

Reasoning: The Supreme Court granted ATI’s motion for summary judgment, dismissing the complaint.