SAWCHUK v. 335 REALTY 58 ASSOCIATES


44 A.D.3d 532 (2007)

843 N.Y.S.2d 616

CAROL SAWCHUK, Respondent-Appellant, v. 335 REALTY 58 ASSOCIATES et al., Appellants, and MARIN MANAGEMENT CORP., Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided October 23, 2007.


An issue of fact exists whether the partnership and its general partners had constructive notice of the unsafe hot water condition described by plaintiff's expert. That issue is raised by evidence that (1) one of the partners resided in the building, (2) he acted as its superintendent for nine years, performed maintenance on the boiler, and that a tag on the boiler warned against using the attached mixing valve for domestic applications. Whether plaintiff's inebriation was...

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