Opinion
Argued March 9, 2000.
April 24, 2000.
In related negligence actions to recover damages for injury to property, which were joined for trial, Ward Mechanical Corporation, a defendant in both actions, appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated February 18, 1999, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, in both actions.
Tell, Cheser Breitbart, LLP, New York, N.Y. (Kenneth R. Feit of counsel), for appellant.
Weg Meyers, P.C., New York, N.Y. (Mitchell J. Winn of counsel), for plaintiffs-respondents in Action No. 1.
Graham, Miller, Neandross, Mullin Roonan, LLC, New York, N Y (William J. Mullin of counsel), for plaintiffs-respondents in Action No. 2.
Leahey Johnson, P.C., New York, N.Y. (Peter James Johnson, James P. Tenney, and Michael Cannella of counsel), for defendant-respondent Topcove Associates, Inc., in Action No. 1.
Richard W. Babinecz, New York, N.Y. (Helman R. Brook of counsel), for defendant-respondent Consolidated Edison Company in Action Nos. 1 and 2.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant Ward Mechanical Corp. failed to make a showing of entitlement to judgment as a matter of law. The papers submitted in support of its motion raised material issues of fact, including whether, the day before the fire, its employees worked in the area where the fire originated (see, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851, 853 ).