Oquendo v. Mid Mem Corp.

Fein, J. (concurring).

I concur in result solely upon the ground that there is no proof of actual or constructive notice of the defect or dangerous condition which brought about the accident. It is undisputed that the workman involved was an employee of K & M Corporation, apparently in possession of the property pursuant to a contract of sale. I am unpersuaded that the owner of a multiple dwelling can escape the liability imposed by section 78 of the Multiple Dwelling Law merely by entering into a contract of sale and putting the vendee in possession, without transferring title. Torres v…