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CHITTUR v. BRIARCLIFF WOODS CONDOMINIUM ASSOCIATION, INC.

15 A.D.3d 329 (2005)

790 N.Y.S.2d 151

JYOTI CHITTUR et al., Appellants, v. BRIARCLIFF WOODS CONDOMINIUM ASSOCIATION, INC., Respondent.

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

February 7, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs, inter alia, seek to recover for damage to their property following "Hurricane Floyd" on September 16, 1999. However, in a prior action entitled Chittur v Common Elements Admin. (Westchester County index No. 109223/00), a jury returned a verdict finding, inter alia, that the damage to the plaintiffs' property following "Hurricane Floyd" was not the result of negligence,...

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