Villager Construction, Inc. v. J. Kozel & Son, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied plaintiff’s motion for partial summary judgment on the first cause of action but erred in denying defendant’s cross motion for summary judgment dismissing the first through fourth causes of action. Defendant met its burden of establishing its entitlement to judgment as a matter of law by submitting evidentiary proof in admissible form showing that the failure of the drainage pipes was caused by errors in the installation of the pipes or in…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Grasso v. AngeramiNew York Court of Appeals · 1991
- Daliendo v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1989
- Briggs v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- De Thomasis v. RiccardiAppellate Division of the Supreme Court of the State of New York · 1993
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