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MARIGIN v. CITY OF NEW YORK

215 A.D.2d 539 (1995)

626 N.Y.S.2d 503

Moshe Marigin, Respondent, v. City of New York et al., Appellants

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

May 15, 1995

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' motion for summary judgment is granted in its entirety, and the complaint is dismissed.

The Supreme Court erred in concluding that there are questions of fact with respect to whether the defendants' demolition of three buildings that had been severely damaged by a fire was due to an immediate emergency (see, Starik v City of New York,

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