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KLEMPNER v. LEONE

277 A.D.2d 287 (2000)

715 N.Y.S.2d 743

ROGER P. KLEMPNER et al., Appellants, v. RAFFAELE LEONE, Individually and Doing Business as PINE HOLLOW COMMONS, Respondent, et al., Defendant.

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

Decided November 13, 2000.

Ordered that the judgment is affirmed, with costs.

The plaintiffs allege that the defendant landlord negligently maintained the furnace in their apartment which emitted an excessive amount of carbon monoxide, exacerbating the injured plaintiff's asthma condition. The plaintiffs contend that the landlord violated CPLR 3101 (d) and 22 NYCRR 202.17 by having his medical witness testify in contradiction to the medical report supplied to the plaintiffs.

Absent...

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