Fezza v Legal Sea Foods, LLC

Holding The court affirmed the dismissal of cross-claims against the contractor, holding that the plaintiffs failed to raise a triable issue of fact regarding the Espinal exceptions. The contractor’s expert evidence was deemed insufficient to establish that its repair work launched an instrument of harm or created the dangerous condition.

The court’s words

the repair work it performed four days prior to the incident neither launched an instrument of harm nor created or exacerbated the alleged dangerous condition at the restaurant

2026 NY Slip Op 05382, at the official text

The opinion of the restaurant defendants' expert that the repair work performed by City-Wide exacerbated the damage to the water heater's combustion gas system and increased carbon monoxide emissions was speculative and conclusory

2026 NY Slip Op 05382, at the official text