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LARK v. LEON B. DEMATTEIS ASSOCIATES, LLC

48 A.D.3d 354 (2008)

851 N.Y.S.2d 529

MARGARET B. LARK et al., Appellants, v. LEON B. DEMATTEIS ASSOCIATES, LLC, et al., Respondents.

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

Decided February 26, 2008.

Defendants' knowledge of a leak in a pipe on the roof of the subject building, which was discovered and remedied eight days before plaintiffs complained about a leak in their bedroom closet and black spots on the wall and floor, did not, as a matter of law, constitute notice of the potential for the mold growth that allegedly caused plaintiffs' injuries (see Litwack v Plaza Realty Invs., Inc., 40 A.D.3d 250 [2007]; see also Beck...

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