Appellate Division of the Supreme Court of the State of New York February 2, 2012 (TrizecHahn, Inc. v. Timbil Chiller Maintenance Corp.)

Timbil failed to establish its entitlement to judgment as a matter of law in this action arising out of an explosion of a machine that provided air conditioning for plaintiffs building. Timbil was the service maintenance company charged with performing inspections of the machine pursuant to a contract with plaintiff.