Appellate Division finds no Common Law Duty Owed for Fire Protection Services

The Appellate Division, Second Department upheld the trial court’s granting of summary judgment to contractor Eastern Construction Developing & Custom Homes, Inc., in a property damage by fire action. We successfully argued that the fire was unrelated to the exterior work performed by our client and that fire protection services is not a duty owed by common-law regardless of whether the contractor is the last one to leave the Premises. Katz v Eastern Constr. Dev. & Custom Homes, Inc., 100 A.D.3d 830, 954 N.Y.S.2d 600, 2012 N.Y. App. Div. LEXIS 7922, 2012 NY Slip Op 7958 (N.Y. App. Div. 2d Dep't 2012)