Plaintiffs, proprietary lessees in a building owned by defendant, sued for damages sustained when water pipes in an adjacent common area burst. The proprietary lease requires defendant to maintain, operate and repair the plumbing, heating and sprinkler systems and to maintain the common areas in good repair. The court properly granted summary judgment based on the doctrine of res ipsa loquitur which gave rise to a permissible inference of negligence which was not rebutted...
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