ROMAN MARONITE CATHOLIC CHURCH OF OUR LADY OF LEBANON v. METRO. HEAT & POWER CO., INC.


137 A.D.2d 513 (1988)

Roman Maronite Catholic Church of Our Lady of Lebanon, Appellant, v. Metropolitan Heat & Power Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 1, 1988


Ordered that the order is affirmed, with costs.

While the plaintiff has adduced strong evidence in support of its motion for summary judgment, the defendant's papers in opposition, which included a report prepared by an engineering expert and the EBT testimony of its vice-president, sufficed to raise a triable issue of fact as to whether and to what extent the property damage suffered by the plaintiff was caused by the use...

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