DILLENBERGER v. 74 FIFTH AVENUE OWNERS CORP

Plaintiffs, proprietary lessees in a building owned by defendant, sued for damages sustained when water pipes in an adjacent common area burst. The proprietary lease requires defendant to maintain, operate and repair the plumbing, heating and sprinkler systems and to maintain the common areas in good repair. 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 (Horowitz v Kevah Konner, Inc., 67 A.D.2d 38). Mere conclusory allegations regarding the existence of questions of fact are insufficient to defeat a motion for summary judgment (Gordon v Allstate Ins. Co., 71 A.D.2d 850). The court also properly found that the affirmative defenses were raised in good faith and therefore did not warrant the imposition of sanctions.

Concur — Milonas, J.P., Rosenberger, Ellerin and Rubin, JJ.