Opinion
November 2, 1998
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the order is affirmed, with costs.
The defendant failed to submit any admissible evidence suggesting that the plaintiff's chimney collapsed under suspicious circumstances and that the plaintiff had a possible motive in arranging for the collapse of the structure (cf., Maurice v. Allstate Ins. Co., 173 A.D.2d 793). Accordingly, the defendant failed to show that the plaintiff's financial situation was material and relevant.
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.