SPANBOCK v. THE FIFTY FOURTH STREET CONDOMINIUM


3 A.D.3d 395 (2004)

771 N.Y.S.2d 10

MARILYN SPANBOCK, Respondent, v. THE FIFTY FOURTH STREET CONDOMINIUM et al., Appellants, et al., Defendant.

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

January 15, 2004.


According to the complaint, plaintiff sustained injuries when a negligently installed air conditioner located in a third-floor window of an apartment in defendant condominium's building fell upon her. The motion by the condominium defendants and cross motion by the managing agent defendants for summary judgment were properly denied in light of triable issues as to whether the air conditioner in question was, in fact, negligently installed, whether the moving defendants had...

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