These actions arise from a fire in a co-operative apartment building. The IAS court properly decided issues of fact as to the cause of fire. Allegations by Mrs. Cisneros, in whose apartment the fire began, that contractors employed by her to perform renovating caused the fire, did not warrant summary judgment. These allegations are, at most, informal judicial admissions, which are not conclusive (Richardson, Evidence § 217 [Prince 10th ed]), as are the allegations in a related federal action, brought against the contractor (Pitt v. Brough, 132 A.D.2d 836, 837). The allegations in the third-party complaint, which consist mostly of allegations of legal conclusion, are permissible inconsistent pleadings of a cause of action or defense (CPLR 3014).
Respondent's application to strike the brief filed by River House Realty Co., Inc. and Brown Harris Stevens is denied.
Concur — Murphy, P.J., Carro, Kupferman, Asch and Kassal, JJ.