BSH successfully defended an appeal to the Appellate Division, Third Department from a grant of summary judgment from the Washington County Supreme Court, dismissing plaintiff’s complaint against our clients, where plaintiff was seeking over $3,000,000 in damages against our client. Plaintiff alleged that our client negligently maintained its property, which caught fire due to arson, and while the property was in flames, codefendant firefighters sprayed water to put out the fire, but the water got caught in the wind and it blew into plaintiff’s hydroelectrical plant. We argued, among other things that the client did not breach a duty to plaintiff to avoid the fire because it was not foreseeable that an arson would take place, and in any event, codefendants’ conduct of guiding the water towards plaintiff’s hydroelectric plant was a superseding cause of the accident.
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Admitted to practice before the Courts of:
- New York
- Various United States District Courts
- United States Court of Appeals for the Second Circuit
- United States Supreme Court.