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MCBRIDE v. 70TH ST ASSOC

102 Misc.2d 279 (1979)

Barbara McBride, Appellant, v. 218 E. 70th Street Associates et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 13, 1979.

Attorney(s) appearing for the Case

Sydney Hyman, P. C. (Barbara M. Mandelowitz of counsel), for appellant. Harold M. Foster, William F. McNulty and Anthony J. McNulty for respondents.

Concur: HUGHES, J. P., TIERNEY and RICCOBONO, JJ.

Per Curiam.

Order entered February 9, 1979 (STADTMAUER, J.) reversed with $10 costs; plaintiff's motion for summary judgment upon her fourth cause of action is granted upon the issue of liability only, and an assessment of damages is ordered.

The tenant occupies a duplex apartment for which she pays monthly rental of $414.37. The property damage for which recovery is now sought arises from the latest in a...

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