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MARK v. ESHKAR

194 A.D.2d 356 (1993)

598 N.Y.S.2d 255

Anna Mark, Doing Business as Markstone Realty Co., Appellant, v. Yeshayahu Eshkar, Respondent, et al., Defendants

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

June 8, 1993

Plaintiff is the owner of Manhattan premises which share a party wall with the adjacent building owned by defendant Jules Schapiro. In 1984 Schapiro undertook a gut rehabilitation of his building resulting in relatively minor damage to the wall, which was assumed by the parties to result from construction vibration. Schapiro paid plaintiff for this injury. In 1989 larger cracks, allegedly structural, became manifest in the wall...

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