Legal Opinion

Swain v. 383 West Broadway Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 8, 1995PublishedCited by 6 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Stephen Crane, J.), entered April 8, 1994, awarding plaintiff damages in the principal amount of $462,268, unanimously modified, on the facts, to the extent of remanding the matter for a new trial solely on the issue of damages, and otherwise affirmed, without costs.

Plaintiffs paintings were destroyed when a steam pipe burst in the storage area of defendant’s building. The evidence was sufficient to support the jury’s conclusion that defendant had constructive notice of the deteriorated condition of the steam pipes, and, we would add, was also…

2Cases cited2 opinions

  1. Dillenberger v. 74 Fifth Avenue Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Payless Discount Centers, Inc. v. 25-29 North Broadway Corp.Appellate Division of the Supreme Court of the State of New York · 1981

3Cited by6 opinions

  1. Ever Win, Inc. v. 1-10 Industry Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2006
  2. D.A. Bennett LLC v. CartzAppellate Division of the Supreme Court of the State of New York · 2014
  3. D.A. Bennett LLC v. CartzAppellate Division of the Supreme Court of the State of New York · 2014
  4. Ever Win, Inc. v. 1-10 Industry AssociatesAppellate Division of the Supreme Court of the State of New York · 2013
  5. Ever Win, Inc. v. 1-10 Industry AssociatesAppellate Division of the Supreme Court of the State of New York · 2013

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