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River House Realty Co. v. Lico Contracting, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1991
172 A.D.2d 426 (N.Y. App. Div. 1991)

Opinion

April 30, 1991

Appeal from the Supreme Court, New York County (Burton Sherman, J.).


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.


Summaries of

River House Realty Co. v. Lico Contracting, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1991
172 A.D.2d 426 (N.Y. App. Div. 1991)
Case details for

River House Realty Co. v. Lico Contracting, Inc.

Case Details

Full title:RIVER HOUSE REALTY CO., INC. Plaintiff, v. LICO CONTRACTING, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 30, 1991

Citations

172 A.D.2d 426 (N.Y. App. Div. 1991)
569 N.Y.S.2d 7