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KINGSTON v. CITY OF NEW YORK

228 A.D.2d 343 (1996)

644 N.Y.S.2d 251

Sharon Kingston, Individually and as Administratrix of The Estate of Clinton W. Kingston and Others, Deceased, et al., Respondents, v. City of New York, Defendant, and Budget Fuel, Inc., Appellant

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

June 20, 1996

Issues of fact remain with respect to the cause of the fire from which this action arose. Although the Fire Department report stated that the blaze was caused by an electrical heater on the second floor of the subject home, no evidence appears in the record concerning the basis for that conclusion. In her examination before trial, the decedents' mother testified that the electrical heater was not plugged in, let alone turned on...

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