CITY OF NEW YORK v. DRIZIN


295 A.D.2d 552 (2002)

744 N.Y.S.2d 695

CITY OF NEW YORK et al., Plaintiffs, v. SHOLOM DRIZIN et al., Defendants. (Action No. 1.) EASTERN ATHLETIC, INC., et al., Respondents-Appellants, v. ST. GEORGE HOTEL ASSOCIATES et al., Appellants-Respondents. (Action No. 2.) PUBLIC SERVICE MUTUAL INSURANCE COMPANY, as Subrogee of 70 CLARK TENANTS CORP., Respondent, v. ST. GEORGE HOTEL ASSOCIATES et al., Appellants. (Action No. 3.) PROVIDENCE WASHINGTON INSURANCE COMPANY, Plaintiff, v. ST. GEORGE HOTEL et al., Defendants. (Action No. 4.) ALLSTATE INSURANCE COMPANY, Respondent, v. ST. GEORGE HOTEL ASSOCIATES, LLC, et al., Appellants. (Action No. 5.) CONTINENTAL INSURANCE COMPANY, as Subrogee of MARIE CASSIMERA, Respondent, v. ST. GEORGE HOTEL ASSOCIATES et al., Appellants. (Action No. 6.) BARRY E. COHEN et al., Plaintiffs, v. ST. GEORGE HOTEL ASSOCIATES et al., Defendants. (Action No. 7.) STATE FARM MUTUAL INSURANCE COMPANY, Plaintiff, v. ST. GEORGE HOTEL ASSOCIATES, LLC, Defendant. (Action No. 8.) MICHAEL CONNELLY et al., Plaintiffs, v. ST. GEORGE HOTEL ASSOCIATES, LLC, et al., Defendants. (Action No. 9.)

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

Decided June 24, 2002.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court properly denied the motion of the plaintiffs in action No. 2 for partial summary judgment on their complaint on the issue of liability, as there are material issues of fact regarding, inter alia, whether the inoperable standpipe system proximately caused their property damage (see Zuckerman v City of New York, 49...

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