In Trustees of Columbia Univ. v. Mitchell/Giurgola Assoc., 109 AD2d 449 (1st Dept 1985) while damages were being sought against a manufacturer, the cause of action asserted was based in strict liability, not in negligence.
Under strict liability, a plaintiff need not prove fault. The court specifically stated "that a wall rendered defective and in imminent danger of collapse by improperly fabricated material constitutes the type of dangerous product for which the manufacturer owes a duty to the ultimate user under the doctrine of strict products liability bespeaks itself." (109 AD2d at 455.)