A building superintendent had a sufficient role in setting the stage for a devastating explosion at a Fourth of July barbecue to permit a trial of a severely burned 14-month-old child’s damage claims, an appeals court in Manhattan ruled yesterday by a 4-1 vote.
The superintendent’s actions in allowing hot oil from a deep-fat turkey fryer to be put in close proximity to water created a factual issue upon which a jury could hold the building’s two owners and managing agent responsible for the explosion, Justice Rosalyn H. Richter (See Profile) wrote for the majority in Broderick v. RY Management Co., 24420/03.
