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LICHTER v. 349 AMSTERDAM AVENUE CORPORATION

22 A.D.3d 394 (2005)

802 N.Y.S.2d 362

A. LICHTER, Respondent, v. 349 AMSTERDAM AVENUE CORPORATION, Appellant.

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

October 25, 2005.

The issue of whether the chimney, which is attached to plaintiff's as well as defendant's building, should be demolished or merely put out of use was thoroughly explored at the inquest. The inquest court's finding is amply supported by expert testimony and should not be disturbed (see Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495 [1992]). The record clearly demonstrates that in addition to being a nuisance by reason of the moisture...

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