Comfort Inn lawsuit filed

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October 23, 2010

Comfort Inn proprietors blame Harvey Electric, NYSEG for blaze

DAN HEATH Press-Republican The Press Republican Sat Oct 23, 2010, 04:45 PM EDT

PLATTSBURGH — The owners of Comfort Inn have filed a multi-million-dollar lawsuit against New York State Electric and Gas and Harvey Electric Co.

The suit, filed in the Clinton County Clerk's Office Oct. 14, alleges that NYSEG and Harvey Electric were responsible for the fire that heavily damaged the motel complex in Nov. 15, 2008.

SEEKS $17 MILLION

It is a property-damage civil action brought by Christopher's Restaurant Inc. and Comfort Inn co-owners Terry Meron and James Murray.

The suit was filed by William Sylianteng of the law firm Bennett, Bricklin and Saltzburg LLC. He said the suit seeks a sum equal to or in excess of $17 million.

The suit will be heard in State Supreme Court in Clinton County, but no date has been set yet, Sylianteng said.

Meron and Murray declined to comment on the pending litigation.

DENIES BLAME

The complaint states Harvey Electric was retained in August 2008 by Meron and Murray to run new circuits to the sauna and sauna lights, located in the indoor-swimming-pool area.

It alleges Harvey Electric replaced BX cable with improper Romex wiring.

In an interview with the Press-Republican, Harvey Electric owner Eric Harvey denied any responsibility for the fire.

He said that the first and only time he worked at the Comfort Inn, he ran a 10-3 Romex wire with a 30-amp circuit breaker in the sauna area after it had previously caught fire.

Harvey said hotel maintenance and Meron told him they were going to repair or replace the unit.

"They never contacted me to verify the new installation after they installed it or replaced it, as per their conversation with me," he said.

GRID PROBLEMS

The complaint also alleges NYSEG experienced a high-voltage situation on the electric grid on which the Comfort Inn is located that contributed to the fire.

Meron and Murray said that prior to and throughout 2008, NYSEG experienced several high-voltage/transient issues related to the substation or electric grid on which the Comfort Inn is located.

On Nov. 15, 2008, at about 11:15 a.m., an electrical grid problem occurred with underground switchgear at the corner of Smithfield Boulevard and Route 3, less than a quarter-mile west of the hotel complex, the lawsuit says.

That NYSEG switchgear is on the same grid as the Comfort Inn.

The lawsuit contends that as a result of the malfunction, one phase of a three-phase electrical system failed in what was a 12,000-volt electrical system.

"As a result of this failure, an electrical anomaly and/or surge/transient was caused to travel throughout the aforementioned electrical grid, causing widespread electrical problems for homes and businesses (some over two miles from the switchgear) located on said electrical grid; including at the subject Comfort Inn," the lawsuit reads.

SMOKE NEAR SAUNA

At about noon, less than an hour after that event, a guest in the swimming-pool area told the lifeguard of smoke in the sauna area.

By 12:26 p.m., a fire had spread to other parts of the complex, resulting in property damage in excess of $17 million, the complaint states.

It also states that as a result of the fire, the businesses remained closed for almost two years.

"It is believed and therefore averred that the Comfort Inn fire was the direct and proximate result of the negligence, breach of contract and/or breach of warrant of defendant NYSEG and/or defendant Harvey Electric.

"It is further believed ... that the electric anomaly caused by defendant NYSEG adversely affected the already weakened improper wiring of defendant Harvey Electric and caused said to fail on Nov. 15, 2008, causing said fire and the resultant damage."

NO RESPONSE

NYSEG Corporate Communications Manager Clayton Ellis said the company is aware a lawsuit has been filed but it had yet to receive the legal papers.

He said the company's policy is to not comment on pending or active litigation.

The hotel complex was about 120,000 square feet at the time of the fire. About 45,000 square feet needed to be demolished and rebuilt, while another 26,000 square feet, which included Perkins restaurant, Legends Sports Bar and Brew Pub, the health club/gym, ballroom, family entertainment center and meeting rooms, had to be fully renovated due to water damage and mold issues.

Work continues on the complex, which is expected to reopen in stages.

E-mail Dan Heath at:

dheath@pressrepublican.com