A New York court recently ruled on a significant negligence case involving a carbon monoxide poisoning incident at a restaurant. The Appellate Division of the Supreme Court of the State of New York issued its decision on September 23, 2026, in the case of Fezza v. Legal Sea Foods, LLC (Docket No. 2022-02790). The ruling impacts police officers who were exposed to carbon monoxide while responding to the incident and the estate of a restaurant manager who died from the poisoning.
This case highlights the responsibilities of businesses to maintain safe environments for both their employees and the public. The court's decision could influence how negligence claims are handled in similar situations in the future.
Background
The case involves two related actions. In the first action, Christopher Fezza, Michael Rosen, and Theresa Ann Wissert, who are police officers with the Suffolk County Police Department, filed a lawsuit against Legal Sea Foods, LLC, and Walt Whitman Mall, LLC, among others. They sought damages for personal injuries after responding to a 911 call about a person in distress at the restaurant.
In the second action, David I. Nelson, acting as the administrator of the estate of Steven C. Nelson, the restaurant's general manager, filed a wrongful death lawsuit against the same defendants. Steven Nelson was found unconscious in the restaurant's basement and later died from carbon monoxide poisoning. The police officers also suffered exposure to carbon monoxide while on the scene.
The incidents occurred on February 22, 2014, when the Huntington Manor Fire Department discovered carbon monoxide in the restaurant's basement. The plaintiffs alleged that the restaurant and mall owners were negligent in maintaining the premises and that City-Wide Sewer & Drain Service Corp. failed to identify a deteriorated pipe that caused the leak during repair work conducted four days prior to the incident.
The Ruling
The court ruled on the appeals from Legal Sea Foods, Walt Whitman Mall, and Simon Property Group, which sought to challenge a lower court's decision. The lower court had granted City-Wide Sewer & Drain Service Corp.'s motion for summary judgment, dismissing the complaints against it in both actions.
The Appellate Division affirmed the lower court's decision, stating, "The evidence submitted by City-Wide in support of its motion established, prima facie, that neither the police plaintiffs nor the decedent were parties to any agreement between it and Legal Sea Foods." The court emphasized that the repair work performed by City-Wide did not create or worsen the dangerous condition at the restaurant.
Judges Valerie Brathwaite Nelson, Linda Christopher, Lourdes M. Ventura, and Donna-Marie E. Golia concurred in the decision. The ruling clarified that the restaurant defendants failed to demonstrate a triable issue of fact regarding the negligence claims against City-Wide.
Impact
This ruling has important implications for future negligence cases involving third-party contractors and their responsibilities. The court's decision reinforces the principle that a contractual obligation does not automatically create tort liability for third parties unless specific conditions are met.
The ruling may affect how similar negligence claims are approached, especially in cases where contractors perform work that could potentially lead to hazardous conditions. It sets a precedent for determining liability based on the relationship between the parties involved and the nature of the work performed.
What's Next
Details were not available in the court filing regarding potential appeals. However, given the nature of the case, it is possible that the restaurant defendants may consider further legal options. There were no related cases mentioned in the opinion.