In Dillenberger, the First Department held that res ipsa loquitur permitted an "inference of negligence" where a pipe in a common area burst, damaging the proprietary-lessee plaintiff's property, where the proprietary lease required defendant to "maintain, Operate and repair the plumbing, heating and sprinkler systems and to maintain the common areas in good repair" (155 AD2d at 327).

In Dillenberger v 74 Fifth Ave. Owners Corp. (155 AD2d 327, 547 NYS2d 296 [1st Dept 1989]), the building owner had the exclusive control of the water pipe that broke as he was required by the lease to maintain the plumbing, heating and sprinkler system and the inference of negligence was not rebutted by any admissible evidence.

In Dillenberger, a case in which a plaintiff lessee sought recovery for damage after water pipes in adjacent common area burst, the First Department held that the summary judgment under res ipsa loquitur was proper on the ground that 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" (Dillenberger at 297).

In Dillenberger v 74 Fifth Ave. Owners Corp. (155 AD2d 327, 327 [1989]), the Appellate Division, First Department, upheld the granting of summary judgment to the proprietary lessee of a building owned by defendant, for damages sustained when water pipes in an adjacent common area burst, holding that "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" (citations omitted).

In Dillenberger v. 74 Fifth Avenue Owners Corporation, 155 A.D.2d 327, the Appellate Division First Department upheld the granting of summary judgment to the proprietary lessee of a building owned by defendant, for damages sustained when water pipes in an adjacent common area burst, holding that "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 (citations omitted)".