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KAPLAN v. ADAMS

271 A.D.2d 211 (2000)

706 N.Y.S.2d 388

PETER B. KAPLAN et al., Respondents, v. PAULINE ADAMS et al., Appellants. (Action No. 1.) PETER B. KAPLAN et al., Respondents, v. JESSIE A. KLAUS et al., Appellants. (Action No. 2.)

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

Decided April 4, 2000.

This is a case of a seven-year-old boy, an overflowing toilet and a downstairs neighbor. It is undisputed that, on October 8, 1992, the then seven-year-old Jessie Adams Klaus used the toilet in his parents' fifth floor condominium unit in Holtz House located at 7 East 20th Street in Manhattan. Shortly thereafter, Jessie's father, defendant John Klaus, received a call from his downstairs neighbor, plaintiff Peter B. Kaplan, who operated a photography business in his unit,...

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