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Arthur Richards, Inc. v. 79 Fifth Avenue Co.
Citations: 57 N.Y.2d 824; 455 N.Y.S.2d 596; 441 N.E.2d 1114; 1982 N.Y. LEXIS 3726
Court: New York Court of Appeals; October 7, 1982; New York; State Supreme Court
The court reversed the order of the Appellate Division and reinstated the judgment of the Supreme Court, New York County, with costs awarded. The decision was based on the dissenting opinion of Justice Arnold Fein, which highlighted the building superintendent's testimony regarding his usual practice of notifying tenants when the water was to be turned back on. The superintendent acknowledged that on August 27, when he restored the water, he was aware that all tenants had vacated the premises and that he could not access those units. This evidence was deemed sufficient to support the jury's finding of negligence on the part of the property owner and management company. The court's opinion was concurred by Chief Judge Cooke and other judges.