RIVER HOUSE REALTY CO., INC. v. LICO CONTRACTING, INC.


172 A.D.2d 426 (1991)

River House Realty Co., Inc. Plaintiff, v. Lico Contracting, Inc., et al., Defendants. (Action No. 1.) Massachusetts Bay Insurance Company, as Subrogee of Advertising to Women Inc., Appellant, v. Ella Cisneros, Respondent, et al., Defendants. (And Two Third-Party Actions.) (Action No. 3.) (Appeal No. 42220.) River House Realty Co., Inc., Plaintiff, v. Lico Contracting, Inc., et al., Defendants. (Action No. 1.) John J. Farber et al., Plaintiffs, and John L. Ernest et al., Appellants, v. River House Realty Co., Inc., et al., Defendants, and Oswald Cisneros et al., Respondents. (And Two Third-Party Actions.) (Action No. 4.) (Appeal No. 42221.) (And Ten Other Actions.)

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

April 30, 1991


These actions arise from a fire in a co-operative apartment building. The IAS court properly decided issues of fact as to the cause of fire. Allegations by Mrs. Cisneros, in whose apartment the fire began, that contractors employed by her to perform renovating caused the fire, did not warrant summary judgment. These allegations are, at most, informal judicial admissions, which are not conclusive (Richardson, Evidence § 217...

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