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HERBERT v. CARTER

283 A.D.2d 971 (2001)

724 N.Y.S.2d 918

LINDA HERBERT, Individually and as Court-Appointed Guardian of DONALD HERBERT, an Incapacitated Person, Respondent, v. MARY CARTER et al., Appellants. (Appeal No. 2.)

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

Decided May 2, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied that part of defendants' motion seeking summary judgment dismissing the General Municipal Law § 205-a claim. Plaintiff commenced this action individually and on behalf of her husband, a firefighter who was seriously injured when the roof of defendants' apartment building collapsed during a fire. The evidence demonstrates that the fire was caused by faulty electrical wiring...

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