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VERIZON NEW YORK, INC. v. GARVIN

No. 211 SSM 45

13 N.Y.3d 851 (2009)

891 N.Y.S.2d 686

VERIZON NEW YORK, INC., Appellant, v. PAUL J. GARVIN, Respondent, et al., Defendant. (And Another Action.)

Court of Appeals of New York.

Decided November 24, 2009.

Attorney(s) appearing for the Case

Cosgrove Law Firm, Buffalo (Timothy J. Flynn of counsel), for appellant.

Barth Sullivan Behr, Buffalo (Pierre A. Vincent of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Defendant landowner was entitled to summary judgment dismissing the complaint of plaintiff Verizon New York, Inc. for property damages arising from a fire that originated on defendant's premises. Defendant came forward with evidence that, less than a year before the fire, he installed smoke detectors that were inspected and deemed operable by a municipal...

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