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AINETCHI v. 500 WEST END LLC

6886, 118597/02.

92 A.D.3d 584 (2012)

939 N.Y.S.2d 37

2012 NY Slip Op 1358

ISSAC AINETCHI et al., Respondents, v. 500 WEST END LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 23, 2012.

The weight of the evidence did not support the trial court's fact-finding determination that the mechanical room at issue belonged to Penthouse West, the unit purchased by plaintiffs (see Green v William Penn Life Ins. Co. of N.Y., 74 A.D.3d 570, 571 [2010]). Pursuant to the offering plan floor plans and the tax lot floor plans, the mechanical room at issue was contained within Penthouse East. Although the plans drafted by defendant...

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