Per Curiam.
The owner of a cleaning store which merely collects clothing for cleaning elsewhere and contains no highly flammable material has no duty, in the absence of statute, to install a sprinkler or other fire alarm system. It was error to predicate a finding of negligence on failure to install such apparatus. Since a bailee for mutual benefit is not an insurer and no liability exists for loss of property by him as a result of fire where negligence has not been established ( Hale v. Platek, 182 N.Y.S. 750; Equitable Paper Bag Co. v. Long Is. R.R. Co., 172 Misc. 934; DeOnis v. Schmeltzer, 71 N.Y.S.2d 384) substantial justice "according to the rules of substantive law" (CCA, § 1804) requires reversal.
The judgments should be reversed, without costs and complaints dismissed.
Concur — LUPIANO, J.P., MARKOWITZ and GOLD, JJ.
Judgments reversed, etc.