BRITO v. DILP CORPORATION


282 A.D.2d 320 (2001)

723 N.Y.S.2d 459

RUBEN BRITO, Respondent-Appellant, v. DILP CORPORATION et al., Appellants-Respondents, et al., Defendant.

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

Decided April 19, 2001.


This personal injury action arises from the collapse of a brick parapet wall of a building owned by the corporate defendant. Summary judgment in favor of the corporate defendant was properly denied on the ground that issues of fact exist as to whether it had actual or constructive knowledge of the defect that caused the wall to collapse. The building appeared to be out of plumb when purchased by the corporate defendant. No inspection was performed at the time of purchase...

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