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BORST v. BOVIS LEND LEASE LMB, INC.

9020-9020A, 105375/08.

2013 NY Slip Op 00265

MICHAEL BORST, ET AL., Plaintiffs-Appellants, v. BOVIS LEND LEASE LMB, INC., ET AL., Defendants-Respondents, LOWER MANHATTAN DEVELOPMENT CORP., ET AL, Defendants. ALLEN HAY, ET AL., Plaintiffs-Appellants, BOVIS LEND LEASE LMB, INC., ET AL., Defendants-Respondents, LOWER MANHATTAN DEVELOPMENT CORP., ET. AL, Defendants.

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

Decided January 17, 2013.

Attorney(s) appearing for the Case

Barasch McGarry Salzman & Penson, New York ( Dominique Penson of counsel), for appellants.

Newman Myers Kreines Gross Harris, P.C., New York ( Stephen M. Bigham of counsel), for respondents.

Before: Mazzarelli, J.P., Andrias, DeGrasse, Richter, Clark, JJ.

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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