KIRSCHEN v. MARINO


16 A.D.3d 555 (2005)

792 N.Y.S.2d 171

HENRY D. KIRSCHEN, Appellant, v. CATHERINE MARINO et al., Respondents.

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

March 21, 2005.


Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.

The plaintiff commenced this action seeking to recover for the property damage to his house allegedly caused by the defendants, who rented the second floor apartment in the house from him. Prior to commencing the action, the plaintiff renovated and/or gutted the portions of the house that he claimed were damaged by the defendants.

A party seeking a sanction pursuant...

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