MERKIN v. HILDES


34 A.D.3d 255 (2006)

825 N.Y.S.2d 8

ROBERT MERKIN et al., Appellants-Respondents, v. EMANUEL HILDES et al., Respondents-Appellants, and 160 WEST 95 OWNERS, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided November 9, 2006.


The building superintendent's response to plaintiff's 2001 complaint of knocking in the bedroom radiator does not constitute evidence of actual or constructive notice of the defect that caused the January 4, 2003 release of steam in the same radiator. The record establishes that plaintiff made no further complaints during this two-year period, and, so far as appears, the superintendent fixed the knocking by draining the radiator and the co-op had no reason to believe that...

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