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De BARCACEL v. 1015 CONCOURSE OWNERS CORP.

Index No. 302029/15. Appeal No. 15421. Case No. 2021-01873.

204 A.D.3d 605 (2022)

167 N.Y.S.3d 488

2022 NY Slip Op 02869

Vanessa Casso De Barcacel, Respondent, v. 1015 Concourse Owners Corp. et al., Appellants.

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York ( Michael R. Schneider of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.

Plaintiff was injured when she slipped and fell on water on her kitchen floor that was emanating from a leak in the kitchen ceiling of apartment 4G, which she rented from defendant M 1015, the owner of the apartment. One of the building's superintendents* testified that the leak on the day of plaintiff's accident was the result of a hole in the drainpipe under the sink in apartment 6G, on the same line...

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