Kirchberger v. Senisi

In an action to recover damages for injury to property, the defendant Brentwood Fire Department appeals from an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated December 17, 2013, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against the appellant is granted.

Shortly after a fire began in the premises in which the plaintiffs resided, the…