SMITH v. ISAAC HEATING & AIR CONDITIONING, INC.


265 A.D.2d 821 (1999)

696 N.Y.S.2d 737

MARJORIE T. SMITH et al., Appellants, v. ISAAC HEATING & AIR CONDITIONING, INC., et al., Defendants, and DAVE FELDMAN HEATING & COOLING, INC., Respondent. (Appeal No. 1.)

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

Decided October 1, 1999.


Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motions of Isaac Heating & Air Conditioning, Inc. and Dave Feldman Heating & Cooling, Inc. (defendants) for summary judgment dismissing the complaint. Defendants presented proof in admissible form establishing that dangerous carbon monoxide levels were not present in plaintiffs' home, and plaintiffs failed to present evidence to raise a triable issue...

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