ROBERTS v. MacFARLAND CONSTR. COS.


102 A.D.2d 981 (1984)

Charles L. Roberts et al., Respondents, v. MacFarland Construction Companies, Defendant and Third-Party Plaintiff-Appellant, et al., Third-Party Defendant

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

June 21, 1984


¶ The issue presented in this case is whether, in a negligence action to recover damages for personal injuries sustained in a fall on water accumulated on a warehouse floor due to the alleged negligence of the builder, it is necessary to allege in the complaint and to prove the existence of a latent defect or concealed danger in order to hold the builder liable. We conclude, as did Special Term, that it is no longer necessary to do so. An affirmance is, therefore, required...

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