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PIAMENTA v. SECOND GENERATION REALTY CO.

2 A.D.3d 304 (2003)

770 N.Y.S.2d 35

SUZANA PIAMENTA et al., Respondents, v. SECOND GENERATION REALTY CO. LLC et al., Respondents, and V.I.P. FIRE SPRINKLER INC., Appellant. SECOND GENERATION REALTY CO. LLC et al., Third-Party Plaintiffs-Respondents, v. AK STEEL CORPORATION, Third-Party Defendant-Respondent. MAYER MALBIN CO., INC., Second Third-Party Plaintiff-Respondent, v. SAWHILL TUBULAR et al., Second Third-Party Defendants.

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

December 23, 2003.

Although VIP, in support of its summary judgment motion, established a prima facie entitlement to judgment as a matter of law, the expert affidavit submitted by respondents in opposition to VIP's motion, based on their expert's postaccident examination of the removed length of ruptured pipe, was sufficient to raise factual issues as to whether the pipe was visibly corroded prior to the accident and, accordingly, as to whether its...

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