This subrogation action arises out of property damage to the building located at 376 Broadway, New York, New York, owned by Mandarin Plaza Condominium, plaintiff's subrogor, caused by a leaking toilet hose in apartment 7E, owned by defendant. Defendant seeks dismissal of the complaint, claiming that he had no notice of any defect, and therefore cannot be held liable for the resulting damages. However, "the proponent of a summary judgment motion must make a prima facie showing...
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