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ROBINSON v. CANNIFF

22 A.D.3d 219 (2005)

801 N.Y.S.2d 597

E.C. ROBINSON, III, Respondent, v. BRYAN CANNIFF et al., Defendants, and THOMAS A. POLLAK, Appellant. (And Other Actions.) E.C. ROBINSON, III, Plaintiff, v. FRIEDMAN MANAGEMENT CORP. et al., Defendants. FRIEDMAN MANAGEMENT COMPANY et al., Third-Party Plaintiffs-Respondents, v. THOMAS A. POLLAK, Third-Party Defendant-Appellant. (And Another Action.)

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

October 4, 2005.

Plaintiff's motion to amend was supported with the requisite affidavit as well as accompanying documentation establishing that defendant Pollak performed substantial renovation in an apartment that shared a ventilation duct with plaintiff's apartment. Plaintiff's documentary submissions also established that the building's three ventilation ducts met in a closed box on the building's roof. The connection between the alleged negligence of Pollak and the alleged harm suffered...

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