To the extent defendants contend that they did not allow any dirt to obstruct the drain of their terrace, an issue of fact is raised by plaintiff's affidavit in which he states that he saw dirt surrounding and inside the drain on the occasions he inspected it. To the extent defendants contend that the water damage to plaintiffs' apartment was not caused by any failure on their part to keep the drain free of obstruction, but by a
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ZILVERSMIT v. ETINGIN-SILVER
251 A.D.2d 83 (1998)
674 N.Y.S.2d 295
Rolf Zilversmit et al., Respondents, v. Orli Etingin-Silver et al., Appellants, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 9, 1998
June 9, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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