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BORST v. BOVIS LEND LEASE LMB, INC.

9020-9020A 105375/08.

102 A.D.3d 519 (2013)

957 N.Y.S.2d 859

2013 NY Slip Op 265

MICHAEL BORST et al., Appellants, v. BOVIS LEND LEASE LMB, INC., et al., Respondents, et al., Defendants. ALLEN HAY et al., Appellants, v. BOVIS LEND LEASE LMB, INC., et al., Respondents, et al., Defendants.

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

Decided January 17, 2013.

Plaintiffs failed to make a prima facie showing of entitlement to partial summary judgment as a matter of law. The non-prosecution agreement entered into between the New York County District Attorney's Office (NYDA) and the Bovis defendants (Bovis) following NYDA's criminal investigation of the August 18, 2007 fire at the Deutsche Building in lower Manhattan, was correctly deemed inadmissible as proof of liability. The agreement explicitly provided that Bovis had not admitted...

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