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ELLIS v. WILLOUGHBY WALK CORP.

27 A.D.3d 615 (2006)

811 N.Y.S.2d 775

MARIO ELLIS et al., Appellants, v. WILLOUGHBY WALK CORP. APARTMENTS, Respondent, et al., Defendants. (And a Third-Party Action.)

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

March 21, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant Willoughby Walk Corp. Apartments.

Willoughby Walk Corp. Apartments (hereinafter Willoughby) owned an apartment building where the subject accident occurred. The plaintiffs were repairing one of two boilers at the site when a hot water pipe broke, causing hot water to spurt out, allegedly injuring the plaintiffs...

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