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VITRA, INC. v. SOHO HOUSE, LLC

50 A.D.3d 529 (2008)

856 N.Y.S.2d 100

VITRA, INC., Appellant, v. SOHO HOUSE, LLC, et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided April 24, 2008.

Dismissal of plaintiff's claim for punitive damages was proper, where the record demonstrates that over a period of two to three years, leaks emanated from Soho House's facilities causing property damage to plaintiff's showroom and office and interference with its business. The leaks had various causes, and Soho House undertook to remediate the problems and accommodate plaintiff, albeit not to plaintiff's satisfaction. Such conduct does not rise to the level of egregious...

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