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71ST STREET LEXINGTON CORP. v. WAITMAN

1638, 152513/13.

140 A.D.3d 670 (2016)

33 N.Y.S.3d 729

2016 NY Slip Op 05238

71ST STREET LEXINGTON CORP., Respondent, v. ALBERT WAITMAN, M.D., et al., Appellants, et al., Defendant.

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

Decided June 30, 2016.

Plaintiff alleges damage to its residential building proximately caused by a flood on the terrace of defendants' penthouse apartment. Plaintiff made a prima facie showing of its entitlement to partial summary judgment, as it is undisputed that defendants were responsible for maintaining their terrace's irrigation system and keeping their terrace's drains free of debris. On May 21, 2010, the irrigation system malfunctioned, causing...

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