Plaintiff, as subrogee of Oxxford Clothes, seeks to recover for property damage resulting when a toilet on the unoccupied fourth floor of the commercial building in which Oxxford was a tenant became clogged and overflowed, flooding Oxxford's store and destroying its inventory. At the time, Federico's leased the fifth floor of the building and was renovating its space.
Federico's made a prima facie showing of entitlement to judgment as a matter of law, as it demonstrated...
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