Daly v. 9 East 36th LLC

Friedman, J.P., and Webber, J.,

dissent in a memorandum by Webber, J., as follows: I would reverse and grant defendant’s motion for summary judgment. In moving for summary judgment, defendant submitted admissible evidence, in the form of a fire marshal’s report, establishing prima facie that the subject apartment fire originated from an extension cord or the multiple appliances plaintiff had plugged into it, and not from the building’s internal wiring. In opposition, plaintiff failed to rebut this evidence, nor did he offer any evidence that the *1148building’s wiring failed to meet code…