Borst v. Bovis Lend Lease LMB, Inc.

Orders, Supreme Court, New York County (Barbara Jaffe, J.), *520entered September 8, 2011, which, in these consolidated personal injury actions, denied plaintiffs’ motions for summary judgment as to liability, unanimously affirmed, without costs.

Plaintiffs failed to make a prima facie showing of entitlement to partial summary judgment as a matter of law. The non-prosecution agreement entered into between the New York County District Attorney’s Office (NYDA) and the Bovis defendants (Bovis) following NYDA’s criminal investigation of the August 18, 2007 fire at the Deutsche Building in lower…