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BUTLER-FRANCIS v. NEW YORK CITY HOUSING AUTHORITY

38 A.D.3d 433 (2007)

834 N.Y.S.2d 15

SHERELL BUTLER-FRANCIS et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant and Third-Party Plaintiff-Respondent. STIVAN PLUMBING & HEATING, Third-Party Defendant-Appellant. (And Another Action.)

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

Decided March 27, 2007.

This matter arose as the result of damages suffered by plaintiffs due to a fire in their apartment at the Edenwald Houses, a development operated by NYCHA. Third-party defendant Stivan was a contractor engaged by NYCHA in 1994 to replace gas risers, the piping that distributes gas within a building to the various floors at Edenwald, including the building in which plaintiffs resided.

In support of summary judgment, NYCHA offered the testimony of the fire marshal assigned...

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