POP COWBOY, INC. v. 175 WEST 73RD STREET REALTY CORP.


292 A.D.2d 300 (2002)

740 N.Y.S.2d 29

POP COWBOY, INC., Respondent, v. 175 WEST 73RD STREET REALTY CORP., Appellant.

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

Decided March 28, 2002.


We reject the landlord's argument that the tenant failed to prove a prima facie case. Based on the testimony that water sprayed all over the store and that the replacement pipe had ice on it and cracked almost immediately after it was installed, the jury could reasonably infer, without expert testimony, that the burst pipe was a water pipe that served the entire building within the meaning of the lease clause, imposing a duty to repair on the landlord. Causation was also...

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