[*1]
Liguoro v City of New York
2006 NY Slip Op 51255(U) [12 Misc 3d 136(A)]
Decided on February 6, 2006
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 6, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2005-554 RI C.

Vincent Liguoro, Respondent,

against

City of New York, Defendant, and Metlife Auto and Home Metropolitan Property and Casualty Ins., and its Affiliates, Appellant.


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.

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. [*2]
Decision Date: February 6, 2006