Bluestone v. J. Tortorella Heating & Gas Specialists, Inc.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered July 19, 2013, which denied defendant J. Tortorella Heating & Gas Specialists, Inc.’s motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Tortorella Heating established prima facie, through deposition testimony, contracts, and work orders, that it installed a pool heater for plaintiff, which did not involve the use of chemicals. In opposition, plaintiff failed to submit evidence showing…