Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

AMONA v. ORANGE AND ROCKLAND UTILITIES, INC

Appellate Division of the Supreme Court of New York, Second Department.
Apr 11, 2005
Important Paras
Please sign up to view Important Paras.

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action to recover for property damage which resulted from a boiler explosion at the subject premises. Contrary to the plaintiffs' contention, the defendant demonstrated its prima facie entitlement to judgment as a matter of law by submitting evidentiary proof which established that it was not responsible for the explosion ( see Friends of Animals v. Associated Fur Mfrs., 46 NY2d 1065).

In opposition, the affidavit of the plaintiffs' expert was speculative and conclusory, and was insufficient to raise a triable of fact ( see Romano v. Stanley, 90 NY2d 444). Therefore, the grant of summary judgment was proper.

The plaintiffs' remaining contention is without merit.