Association of Apartment Owners v. Child

OPINION OF THE COURT BY

HAYASHI, C.J.

This is an interlocutory appeal from an Order Denying Defendant’s Motion for Summary Judgment.

On appeal we are asked 1) to determine whether the lower court properly denied the motion and 2) to give an opinion on what the parties stipulated to be “reserved questions.”

*131Defendant was the owner of the land on which the Park Towers Condominium is situated. In 1960, defendant contracted with Pacific Builders, a licensed general contractor, for the construction of the Park Towers Apartment Building. The work on the building and the retaining wall in controversy…