Opinion
2557.
Decided December 23, 2003.
Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 9, 2003, which denied the motion of V.I.P. Fire Sprinkler Inc. (VIP) for summary judgment dismissing the complaint and cross claims against it, unanimously affirmed, without costs.
Charles J. Nolet, Jr., for Plaintiffs-Respondents.
Harry Steinberg, for Defendants-Respondents.
Lorin A. Donnelly, for Third-Party Plaintiffs-Respondents.
Harry Steinberg, for Third-Party Defendant-Respondent.
Robert A. Rosenfeld, for Second Third-Party Plaintiff-Respondent.
Brendan T. Fitzpatrick, for Second Third-Party Defendants.
Before: Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ.
Although VIP, in support of its summary judgment motion, established a prima facie entitlement to judgment as a matter of law, the expert affidavit submitted by respondents in opposition to VIP's motion, based on their expert's post-accident examination of the removed length of ruptured pipe, was sufficient to raise factual issues as to whether the pipe was visibly corroded prior to the accident and, accordingly, as to whether its deteriorated condition should have been detected and remedied prior to its rupture and the alleged consequent harm to plaintiffs ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324). The record also discloses the existence of a triable issue as to whether VIP was, pursuant to its contractual undertaking to provide sprinkler system maintenance, responsible for inspecting the feeder pipe in question.
We have considered VIP's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.