Case Type

Other

Housing Type

Other

Court

Appellate Division, First Department

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

102124/15

Slip Opinion Number

2024 NY Slip Op 01884

Petitioner

Martha Schwartz

Respondent

170 West End Owners Corp., ACP Realty Group Inc.

Judge

Kern, Gonzalez; Pitt-Burke, Rosado

Decision/Order Date

2024-04-04

Posture

Pre-answer Motion by Landlord

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

The Appellate Division, First Department affirmed the Supreme Court's decision granting the landlord's motion for summary judgment to dismiss nuisance and negligence claims in The Tenant's amended complaint against 170 West End Owners Corp. The court ruled that The Tenant failed to present sufficient evidence linking her medical problems to conditions in her apartment, and her claims for property damage lacked factual support. The court also rejected The Tenant's attempt to recover damages for her daughter's injuries.

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