RAHMANAN v. SMITH


186 A.D.2d 363 (1992)

Monsour Rahmanan et al., Respondents, v. Jeff Smith et al., Appellants

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

October 1, 1992


Summary judgment was appropriately denied in this case concerning property damage allegedly caused by water bursting out of a pipe, because questions of fact exist, including whether the "drip" in the pipe, known to defendant prior to the letting to plaintiff, was a "defect", and if so, whether it was a latent defect. Indeed, defendants concede that when they leased the premises to plaintiffs, they owed a duty to disclose all known...

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