KATZ v. EASTERN CONSTR. DEVELOPING & CUSTOM HOMES, INC.

2011-05702.

100 A.D.3d 830 (2012)

954 N.Y.S.2d 600

2012 NY Slip Op 7958

NIKOLAI KATZ et al., Plaintiffs-Appellants, v. EASTERN CONSTRUCTION DEVELOPING AND CUSTOM HOMES, INC., Respondent, and FRANKS PLUMBING AND HEATING, Appellant.

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

November 21, 2012.


Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

The defendant Eastern Construction Developing and Custom Homes, Inc. (hereinafter Eastern), established its prima facie entitlement to judgment as a matter of law dismissing the plaintiffs' negligence cause of action insofar as asserted against it by submitting evidence that the cause of the subject fire at the plaintiffs' premises...

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