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DAMAIO v. DIDIA

36 A.D.2d 739 (1971)

Susie Damaio, Respondent, v. Emily Didia et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 15, 1971

Order and judgment reversed, on the law and the facts, without costs, and new trial granted.

In our view the proof presented at the trial did not clearly establish whether the overflow of water from the tenants' apartment was primarily caused by the tenants' conduct as opposed to a defective plumbing condition and, further, whether the garbage accumulation was a recurring rather than an isolated...

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