ARTALYAN, INC. v. KITRIDGE REALTY CO., INC.

3906, 605038/01.

79 A.D.3d 546 (2010)

912 N.Y.S.2d 400

ARTALYAN, INC., et al., Respondents, v. KITRIDGE REALTY CO., INC., et al., Appellants.

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

Decided December 16, 2010.


Defendants failed to meet their initial burden of establishing prima facie that they properly installed and maintained an adequate safety system in the building and that the fire did not originate or spread as a result of their negligence. Their contention that they should have been granted summary judgment because plaintiffs could not establish as a matter of law that they were negligent misapprehends their burden on their own motion. The vague deposition testimony of defendant...

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