Roman Maronite Catholic Church of Our Lady of Lebanon v. Metropolitan Heat & Power Co.

Appellate Division of the Supreme Court of New York

Roman Maronite Catholic Church of Our Lady of Lebanon v. Metropolitan Heat & Power Co.

137 A.D.2d 513, 523 N.Y.S.2d 984, 1988 N.Y. App. Div. LEXIS 768

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 1, 1988

StatusPublished

This text of 137 A.D.2d 513 (Roman Maronite Catholic Church of Our Lady of Lebanon v. Metropolitan Heat & Power Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roman Maronite Catholic Church of Our Lady of Lebanon v. Metropolitan Heat & Power Co., 137 A.D.2d 513, 523 N.Y.S.2d 984, 1988 N.Y. App. Div. LEXIS 768 (N.Y. Ct. App. 1988).

Pincite

Opinion

In an action to recover damages, inter alia, for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (I. Aronin, J.), dated December 16, 1986, which denied its motion for summary judgment.

[514]*514Ordered that the order is affirmed, with costs.

While the plaintiff has adduced strong evidence in support of its motion for summary judgment, the defendant’s papers in opposition, which included a report prepared by an engineering expert and the EBT testimony of its vice-president, sufficed to raise a triable issue of fact as to whether and to what extent the property damage suffered by the plaintiff was caused by the use of contaminated heating oil. Accordingly, the plaintiff’s motion was properly denied. Thompson, J. P., Rubin, Eiber and Sullivan, JJ., concur.

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In an action to recover damages, inter alia, for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (I. Aronin, J.), dated December 16, 1986, which denied its motion for summary judgment.

[514]*514Ordered that the order is affirmed, with costs.

While the plaintiff has adduced strong evidence in support of its motion for summary judgment, the defendant’s papers in opposition, which included a report prepared by an engineering expert and the EBT testimony of its vice-president, sufficed to raise a triable issue of fact as to whether and to what extent the property damage suffered by the plaintiff was caused by the use of contaminated heating oil. Accordingly, the plaintiff’s motion was properly denied. Thompson, J. P., Rubin, Eiber and Sullivan, JJ., concur.

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Bluebook (online)

137 A.D.2d 513, 523 N.Y.S.2d 984, 1988 N.Y. App. Div. LEXIS 768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roman-maronite-catholic-church-of-our-lady-of-lebanon-v-metropolitan-heat-nyappdiv-1988.