INDEPENDENCE COMMUNITY BANK v. EAST 86TH STREET, LLC


34 A.D.3d 219 (2006)

824 N.Y.S.2d 33

INDEPENDENCE COMMUNITY BANK, Respondent, v. EAST 86TH STREET, LLC, Appellant.

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

Decided November 2, 2006.


According plaintiff every favorable inference, it fails to demonstrate a viable cause of action against defendant for fireproofing work that was done in a portion of the condominium building not owned by defendant landlord. Assuming that the existing fireproofing did not comply with city building code requirements, there is nothing under the parties' lease, applicable statutes or common law that effects a shift of responsibility for curing code violations to defendant. Under...

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