MIRDITA v. MUSOVIC REALTY CORP.

9131, 21759/15E.

171 A.D.3d 662 (2019)

99 N.Y.S.3d 279

2019 NY Slip Op 03284

Roza Mirdita, Respondent, v. Musovic Realty Corp. et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided April 30, 2019.


Defendants established entitlement to judgment as a matter of law by submitting the fire marshal's deposition testimony and his report. The report established that the fire marshal conducted an investigation at the subject premises and concluded that the fire in defendants' building was caused by combustible clothing left in a dryer for too long, rather than any defect in the premises or dryer (see Robertson v New York City Hous. Auth., 58 A.D.3d 535...

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