Dillenberger v. 74 Fifth Avenue Owners Corporation

In Dillenberger v. 74 Fifth Avenue Owners Corporation, 155 A.D.2d 327, the Appellate Division First Department upheld the granting of summary judgment to the proprietary lessee of a building owned by defendant, for damages sustained when water pipes in an adjacent common area burst, holding that "The court properly granted summary judgment based on the doctrine of res ipsa loquitur which gave rise to a permissible inference of negligence which was not rebutted by evidentiary proof in admissible form ".