Opinion
2005-554 RIC.
Decided February 6, 2006.
Appeal from an order of the Civil Court of the City of New York, Richmond County (Kathy J. King, J.), entered December 23, 2004. The order denied the motion by defendant MetLife Auto and Home Metropolitan Property and Casualty Ins. for summary judgment.
Order affirmed without costs.
PRESENT: PESCE, P.J., WESTON PATTERSON and BELEN, JJ.
Plaintiff instituted this action based on the failure by defendant MetLife Auto and Home Metropolitan Property and Casualty Ins. to compensate him, pursuant to a homeowner's policy, for damage to his home. The damage was allegedly caused by vibrations from trucks driving past his home during the period of removal of debris from the World Trade Center after September 11, 2001. Defendant moved for summary judgment and made a prima facie showing of its entitlement to judgment as a matter of law. In opposition to the motion, plaintiff, who is an expert, submitted an affidavit which raised triable issues of fact. Accordingly, the lower court properly denied defendant's motion for summary judgment.
Pesce, P.J., Weston Patterson and Belen, JJ., concur.