Opinion
October 1, 1992
Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).
Summary judgment was appropriately denied in this case concerning property damage allegedly caused by water bursting out of a pipe, because questions of fact exist, including whether the "drip" in the pipe, known to defendant prior to the letting to plaintiff, was a "defect", and if so, whether it was a latent defect. Indeed, defendants concede that when they leased the premises to plaintiffs, they owed a duty to disclose all known latent defects.
Concur — Milonas, J.P., Rosenberger, Ellerin and Rubin, JJ.