SWAIN v. 383 WEST BROADWAY CORP.


216 A.D.2d 38 (1995)

627 N.Y.S.2d 393

Robert Swain, Respondent, v. 383 West Broadway Corp., Appellant

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

June 8, 1995


Plaintiff's paintings were destroyed when a steam pipe burst in the storage area of defendant's building. The evidence was sufficient to support the jury's conclusion that defendant had constructive notice of the deteriorated condition of the steam pipes, and, we would add, was also sufficient to establish liability under the doctrine of res ipsa loquitur (see, Payless Discount Ctrs. v 25-29 N. Broadway Corp., 83 A.D.2d 960

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