FREEMAN v. HERTZOFF


190 A.D.2d 570 (1993)

Peter Freeman et al., Respondents, v. Beverly L. Hertzoff et al., Respondents, and New York University, Appellant

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

February 9, 1993


An inference that the fire was caused by students living in appellant's Brittany Hall adjacent to and overlooking the subject building is permissible, in view of the history of students from Brittany Hall throwing debris and other material onto the rear extension roof of the subject building, the fact that appellant had regularly cleared such debris from the roof, the Fire Marshal's report indicating that the probable cause of the fire was the careless discard of smoking...

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