In Dillenberger v. 74 Fifth Ave. Owners Corp., 155 A.D.2d 327, 547 NYS2d 296, 297 [1st Dept 1989] a case in which a plaintiff lessee sought recovery for damage after water pipes in adjacent common area burst, the First Department held that the summary judgment under res ipsa loquitur was proper on the ground that the "proprietary lease requires defendant to maintain, operate and repair the plumbing, heating and sprinkler systems and to maintain the common areas in good repair" (Dillenberger at 297).