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HERBERT PAUL, P.C. v. 370 LEX

7 Misc.3d 747 (2005)

794 N.Y.S.2d 869

HERBERT PAUL, CPA, P.C., Plaintiff, v. 370 LEX, L.L.C., et al., Defendants.

Supreme Court, New York County.

March 2, 2005.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Mathew P. Ross and Margaret M. Murphy of counsel), for Murray Hill Property Management, Inc., and another, defendants.

Richard Anderson, New York City, defendant pro se.

Mintz & Gold, LLP, New York City (Steven G. Mintz, Philip Raible and James McKenney of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

Plaintiff is suing defendants for damages for breach of the covenant of quiet enjoyment, pursuant to the New York City Smoke-Free Air Act (Administrative Code of City of NY, tit 17, ch 5 "and/or" Public Health Law art 13-E), and for nuisance. Defendants 370 Lexington Avenue, LLC and Murray Hill Property Management, Inc. moved for summary judgment dismissing the complaint and all cross claims. By stipulation, the...

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