Dani II, Inc. v. 101 DuPont LLC

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered November 30, 2015, which, to the extent appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the claims for damages incurred to plaintiff’s business post-Super Storm Sandy, unanimously affirmed, with costs.

Assuming, arguendo, that defendants established prima facie that plaintiff’s alleged losses were proximately caused by an act of God with no contributing negligence on their part (see Prashant Enters. v State of New York, 206 AD2d 729, 730-731 [3d Dept 1994]), plaintiffs…