PANDOZY v. KALMEN


250 A.D.2d 481 (1998)

673 N.Y.S.2d 121

Raffaele M. Pandozy, Appellant, v. Elliot Kalmen, Individually and Doing Business as Lid Fla Realty Co., Respondent, et al., Defendant

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

May 19, 1998


We agree with the IAS Court that there are no factual issues as to whether defendant commercial landlord's alleged negligence was the proximate cause of water damage to plaintiff's premises, since plaintiff has failed to submit any evidence tending to prove that the vandal who damaged the sprinkler system in the premises above his was an intruder who gained access to the building by means of a broken front door lock (see, Rojas v Lynn, 218 A...

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